Biker Airbag Jackets could save insurers £millions and avert corporate manslaughter charges.

A leading personal injury lawyer believes that recently-launched motorcycle airbag jackets could help save millions of pounds in insurance and DSS claims – and potentially avert corporate manslaughter charges against bikers’ employers.

Nicola Winslett of SAS Daniels LLP, Cheshire’s biggest law firm, with offices in Stockport, Macclesfield, Chester, Congleton and Bramhall, says that while the issue of even a minor injury is still serious, the new airbag-deploying biker jackets should be encouraged or even supplied by employers and insurers.

“As an extreme, the new Corporate Manslaughter Act says employers have a duty of care over the safety of staff; that includes ensuring employees wear appropriate protective clothing and use a roadworthy vehicle,” said Nicola Winslett.

“It could be argued that an airbag jacket is as essential as a crash helmet on the grounds that the most complete possible array of safety equipment must be employed.

“One could argue that to ride without an airbag jacket is not taking proper care for your own safety – this is what the law says on seatbelts, and for helmets with regard to motor- and pedal-cycles

“In financial terms, as the consequence of a motorcycle accident, if the severity of injury is reduced then so is the value of the claim, hence there is a possibility of reducing premiums and saving the insurance industry millions of pounds – both for the accident victim, and the person causing the accident,” said Nicola Winslett.

“Potentially, it could save millions if you work on the premise that most motorcyclists are youngish working men – and hence breadwinners or family providers. A severely injured man who can’t work again could be looking at a six-figure claim, whereas a relatively minor injury that kept him out of work for only a few days or weeks could result in a claim of a few thousand or even just a few hundred pounds.

“I believe there is also the potential for a saving too to Central Government on DSS benefits such as incapacity benefit or disability living allowance and so on.

“Then there is the issue of contributory negligence for the riders. You could argue that to ride without an airbag jacket is not taking proper care for you own safety – - so if you don’t wear one, and get catastrophically injured, you might lose, for example, 25% of the value of your claim.

“That might make you more dependant on state funding for your care than you would have been had you been prudent and worn the jacket – hence a cost to Central Government that is potentially avoidable.

“In terms of hospital treatment, at the moment the NHS claims back the costs of certain elements of medical treatment from insurers – and that’s only for claims for which their is a third party liability, i.e., it excludes accidents that were the riders own fault.

“There could be significant saving for the NHS if those who were severely injured and hence in hospital for long periods of time, were to be less severely injured. An ordinary NHS ward bed can cost over £300 per day, an intensive care bed round three times that figure, and private healthcare generally double those figures.

“There was a time when seatbelts and crash helmets were seen as being optional, and freedom was rated above safety because we did not actually believe such technology could make a difference.

“But passenger car standards have advanced so far that safety features are key influencers in a purchase – the only safety options for motorcyclists are a helmet and passively protective suit. This would be the first genuinely active safety feature for motorcyclists.”

SAS Daniels LLP is Cheshire’s biggest law firm, with offices in Stockport, Macclesfield, Chester, Congleton and Bramhall.

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For more information contact Nicola Winslett