Austrian OGH: Is Not Wearing a Helmet on an E-Bike Negligent?

May 2, 2025 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on whether not wearing a helmet while riding an e-bike constitutes negligence.

In the case at hand, in a pedestrian and cycle lane, the plaintiff riding an e-bike collided with a car driven by the first defendant. The plaintiff was riding his bike at 20–25 km/h (12–15 mph) without a helmet. The first defendant disregarded the Austrian road traffic regulations (StVO) by using the driveway as an exit. He stopped at the stop line in front of the footpath and cycle path, then drove off slowly. Also, his view was severely restricted by a hedge.

The plaintiff suffered serious injuries in the collision. Had he been wearing a helmet, his pain would have been reduced by a fifth.

The plaintiff sought over EUR 50,000 in damages as well as a declaration that the defendant was liable for any long-term or permanent consequences. However, the defendant argued that the plaintiff was partly to blame, for not wearing a helmet.

The court of first instance found that the first defendant was solely responsible for the accident. However, the plaintiff was found to be 20% at fault for not wearing a helmet while cycling, stating that 62% of adults in Austria wear a helmet when riding an e-bike.

The OGH partially upheld the defendant’s appeal.

According to previous OGH rulings, whether or not a person is found to be contributorily negligent for not wearing a bicycle helmet depends on whether there is a general awareness among road users of the need to take such protective measures.

E-bikes with a design speed of up to 25 km/h (15.5 mph) have structural differences compared to conventional bicycles, posing a particular hazard. In the Austrian general public’s consciousness, the increase in bike accidents has firmly established the importance of wearing a helmet when riding an e-bike. Therefore, not wearing a helmet when riding an e-bike is to be regarded as a failure to take proper care of one’s own affairs.

According to Austrian case law, the required reduction due to contributory negligence only affects claims for pain and suffering.

(OGH, 2 Ob 15/25g, 23 March 2025)