An Auckland father-of-two, killed after falling off a dangerously modified e-scooter, could have survived had he been wearing a helmet, the coroner has found.
Thiyagalingam Thanababu, 53, wasn't wearing a helmet when his e-scooter collided with a raised kerb and the base of a power pole in March 2021.
The crash took place shortly after 6pm on Sandringham Rd, near St Lukes Mall.
The father-of-two, who was a mechanic, was taken to hospital but died from blunt force injuries days later. He suffered multiple fractures to his ribs, the front of his skull and his left shoulder blade.
The coroner's findings, released today, noted the rear brakes on Thanababu's e-scooter were assessed as not working properly, with "extensive DIY modifications" made to the vehicle.
"A full examination of the e-scooter found it was not in safe, rideable condition."
A toxicology report also found methamphetamine in Thanababu’s system, which could lead to more dangerous behaviour, such as riding "too fast and more aggressively".
In releasing the report, the Coroners Court urged transport authorities to consider mandating helmets for e-scooter riders.
Coroner Erin Wooley said, "given the recognised benefit of helmets, they should also be legally mandated for those using e-scooters".
"The tragic outcome of this case illustrates the importance of wearing a helmet when riding an e-scooter as a means of preventing severe head injury in accidents," she said.
"I note it is a legal requirement to wear a safety helmet while riding a motorcycle or a bicycle… because a helmet dramatically reduces the risk of a skull fracture and concussion."
A police serious crash investigation estimated Thanababu's e-scooter was travelling between 36km/h and 41km/h at the time of the crash. The crash "occurred on an uneven road surface, which could have caused the e-scooter to become unstable".
Wooley wrote in her findings: "It is clear that Thiyagalingam’s death would most likely have been prevented had he been wearing a safety helmet.
"I maintain the view that the interests of the health and safety of the community requires the wearing of safety helmets when using e-scooters because of the very serious, fatal implications that can result where a helmet is not worn.
She added: "If the Ministry of Transport maintains that a helmet mandate is not appropriate, it should prioritise a safety campaign aimed at increasing the use of safety helmets by e-scooter riders."
The ministry, which considers changes to road regulations, gave feedback on the coroner's recommendations, saying it was worried about discouraging e-scooter usage.
It said, "there is evidence to suggest… that mandating helmet use can serve as a deterrent to the uptake of active travel, which is likely to reduce health and other benefits".
"These devices provide quick forms of mobility for short trips, require little space for parking and can complement public transport."
According to the coroner, the ministry "encouraged" helmets but said, "the current approach … strikes a balance between promoting safety and active travel".
Police agreed with the Coroner's findings and recommendations, and added that it could be worth considering a reduction in the maximum speed at which e-scooters could travel.
Waka Kotahi, which recommended e-scooter riders wore helmets, said it couldn't legally mandate their use, but would be happy to work with Te Manatū Waka – Ministry of Transport on the issue if required.
Justification needed for helmet mandate - ministry
A spokesperson for the Ministry of Transport said this afternoon the new government could consider whether further law changes are required for e-scooters.
"We acknowledge the coroner's findings and recommendations," the spokesperson said.
"The ministry provided feedback on the coroner's interim report. This noted that we are aware there are different views regarding the net benefits of mandating helmet use. It is clear that helmets provide a level of protection to users in the event of some crashes."
They added: "Further work is required to consider whether the potential safety benefits would be sufficient to justify mandating the use of helmets on e-scooters.
"NZTA currently encourages voluntary use of safety helmets. The ministry support this and continues to encourage safe use and behaviour while using e-scooters.
"As part it setting its new objectives for road safety the Government will consider what regulatory changes it wishes to progress to improve road safety and other actions, this will include whether further regulatory changes are required for e-scooters."
They added: "We were very sorry to of the death of Mr Thanababu. We would like to extend our condolences to Mr Thanababu's family following this tragic event."
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