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My husband was hit by a car and ejected from his motorcycle. Upon impact, his helmet spilt and he now has a brain injury. Do we have a claim against the helmet manufacturer?

 

A:

 

It is definitely possible that you may have a product liability lawsuit against the motorcycle helmet manufacturer or distributor. When determining if you have a claim for damages, it is critical that you take pictures of the helmet as soon as possible after the crash, save the motorcycle helmet or the remaining pieces, and try to keep the helmet in a safe place where it will remain untouched.

If the motorcycle helmet wasn’t DOT approved, it might be more difficult to sue the manufacturer since non-DOT approved helmets aren’t approved for motorcycle riding on the street. However, if the helmet was DOT approved and regulated by the safety standards set by the Consumer Product & Safety Commission, it is likely you have a defective helmet claim.

Although there are national safety standards for helmets in place, sometimes defective helmets make their way onto the market. Whether a helmet is made from poor materials or there was a defect in design or manufacturing, sometimes it isn’t known until it is too late and a motorcyclist suffers a brain injury.

To look at your case closer, please contact our office for a free consultation. You may have a claim against both the driver and the helmet manufacturer in order to obtain sufficient coverage and compensation for your husband’s medical bills, injuries, pain and suffering, lost wages, and other damages. To learn more about your rights and about the legal process, you can also request a free copy of our book, What You Need to Know After a Florida Auto, Truck, or Bike Accident.


Damian Mallard, Esq.
Board Certified Sarasota Personal Injury Attorney