In the last couple of heatwaves, I haven’t been wearing full kit when riding home. My mate thinks I am an idiot and says if I get knocked off, I won’t get compensated for failing to wear kit.
Is this true?
Answer
Yes and no. Your mate is thinking of an old case called Froom v Butcher. In that case, the court gave guidance in relation to seat belts not being worn and subsequent injuries suffered. The guidance generally being, if wearing a seat belt would have lessened your injuries, you may have a deduction of up to 25% made from your injury claim. If wearing a seat belt would have made no difference, then there is a 0% deduction.
However, this law exists because it is illegal to drive without wearing a seat belt. It isn’t an offence to ride a motorcycle without protective kit such as boots, gloves and so on. The Highway Code only advises you to wear eye/ear protection and recommends strong boots, gloves, and suitable clothing. The only item required by law is a helmet (unless you are a Sikh wearing a turban).
So, if you don’t bother to wear motorcycle boots because it is hot and then get knocked off your bike and suffer a broken ankle, there is no easy way for the other side to automatically apply the Froom v Butcher case. The first issue being what you’ve done isn’t illegal.
I think there would need to be expert input from the orthopaedic surgeons who ultimately report on your injuries to determine whether wearing sturdy boots (as recommended in the Highway Code) would have actually lessened or prevented the injury. This is known as ‘causation’ and is an argument open to any lawyer in any claim.
Some may ask, why leave yourself open to serious injury and potential legal arguments? I can see the benefit of ‘all the kit, all of the time’.
Gavin Grewal
Fast Bikes – September 2025