No Helmet on E-Bike: Supreme Court Sees Possible Contributory Negligence After Accident

The Supreme Court (OGH) published a decision on this matter on Thursday. The consequence: Even if you are not at fault for the accident, you will only receive a portion of the pain and suffering compensation that would otherwise be fully due from the accident opponent or their liability insurance, warned the ÖAMTC on Friday.

"This decision is not surprising. Several years ago, the OGH made a similar ruling for road cyclists or motorcyclists without protective clothing," said Martin Hoffer, head of ÖAMTC Legal Services. "Here too, missing or inadequate protective equipment was considered to reduce compensation for pain and suffering."

E-Bike Riders: No Helmet Requirement, But Far-Reaching Consequences

Wearing a helmet is not legally required for e-bike riders, but in comparable cases, one must expect similar consequences. The ÖAMTC therefore strongly advises always wearing a helmet when riding an e-bike. And a similar decision could be made for electric scooters in the foreseeable future.

"This is a court-established obligation, a kind of standard of care that can be expected from average road users when using such a vehicle," explained Hoffer. Although there is no threat of administrative fines during police checks, in your own interest, you should pay attention to adequate protective measures. These include highly visible clothing, reflectors, and appropriate lighting. Incidentally, missing reflectors or lighting do indeed threaten administrative fines, just like helmet and seatbelt obligations in the motorcycle or car sector.

(APA/Red)

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