Accident--Contributory Negligence--Non-Wearing of Helmet Without Causal Nexus to Accident Cannot Justify Enhancement of Contributory Negligence
Mere violation of a statutory provision, such as non-wearing of a helmet, does not automatically entitle a tortfeasor to plead contributory negligence. Such violation must have a direct causal nexus with the occurrence of the accident. The purpose of wearing a helmet is to minimise severity of head injury, not to prevent the accident itself. Therefore, non-wearing of a helmet cannot be treated as a causative factor for the accident and cannot justify enhancement of contributory negligence.
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