I was wearing a defective helmet; what are my rights?

The most important piece of equipment for a motorcyclist is their helmet. It is the best and most effective way to protect themselves in the event of an accident. Even in states that do not have a required helmet law, such as our very own Florida, our motorcycle accident attorneys at Dolman Law Group are constantly encouraging Clearwater motorcyclists to take the necessary safety steps in protecting themselves from traumatic brain injury.

In unfortunate cases, however, even the most cautious and prepared motorcyclists can suffer heard trauma from an accident when they were wearing a helmet. One case is that the force of the collision was so strong that a closed head injury was sustained. The other case is that the motorcyclist was wearing a defective helmet that failed to protect them. Some injuries that can be a result of wearing a defective helmet are skull fractures, diffuse axonal injuries, brain hemorrhaging, facial wounds and scarring, and severe neck and spinal cord injuries.

WAYS A MOTORCYCLE HELMET CAN FAIL

In the United States, motorcycle helmet manufacturers have their products subjected to the standards deemed acceptable by the Department of Transportation and the Snell Memorial Foundation. However, there still can be defects in the helmet, and as a result, the helmet can fail in the event of a motorcycle accident. There is also a large market of novelty helmets, who sell their products based on looks and style with the illusion of protection. Here are ways a motorcycle helmet can fail:

·        Chinstrap defects will lead to the improper securing of the helmet to the head, and result in the helmet falling off of the rider.

·        Improper impact resistant material

·        Fastener defects will lead to the helmet shifting to the improper position on the rider’s head.

·        Failure to meet object penetration reflection tests

·        Improper design or style of the helmet can lead to injury

WHAT TO DO IF YOU BELIEVE YOU WERE A VICTIM OF DEFECTIVE HELMET

If you were involved in a motorcycle accident where you believe the motorcycle helmet you were wearing was defective, and as a result you suffered an injury, first and foremost be examined by a medical expert. Then, make sure you document where the helmet was in relation to your person at the scene of the accident. You’re also going to want to document any damage to the helmet, such as cracks or missing pieces, and make sure you do not alter or dispose of the helmet. Finally, do not speak to an insurance representative until you have contacted an experienced motorcycle accident attorney.

CONTACT DOLMAN LAW GROUP

At Dolman Law Group, we have a team of motorcycle accident attorneys who are available to the client 24/7, even listing their personal cell phone number on their business cards. Our team is very familiar with the ways insurance companies pursue minimum settlements, and we refuse to the let that happen.  We have the resources to hold negligent helmet manufacturers and distributors responsible for selling defective motorcycle helmets to our clients.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765
727-451-6900

http://www.dolmanlaw.com/practice-area/motorcycle-accidents/