Defective Motorcycle/Bicycle Helmet Lawsuit
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Defective Motorcycle/Bicycle Helmet Lawsuit | Phillips Law Group
Riding a motorcycle or a bicycle can be very dangerous, however, wearing a helmet can go a long way toward protecting riders from a brain injury and potentially even death. Unfortunately, some helmets are defective, and riders do not get the protection they are relying on.
If you or a loved one were injured in a motorcycle or bicycle crash and suffered an injury because of a defective helmet, call Phillips Law Group today to discuss potential legal options. You may have a valid case against the manufacturer and our defective product lawyers may be able to recover compensation for your damages. An initial consultation is free of charge and there are no upfront fees.
Our firm has a proven track record, having secured more than $750 million in compensation on behalf of our clients. This includes a recovery of $23 million in a defective product case. Our founder Jeff Phillips works closely with other attorneys around the nation on cases involving defective products.
How do I Know if I May Have a Case?
This is something you should discuss with a licensed attorney who has experience in product liability cases. These are complex cases with many factors to consider.
However, there are usually a few things your attorney needs to prove in a defective helmet lawsuit:
- There was some sort of defect in the design or the manufacturing of the helmet
- The manufacturer did not provide adequate warning about the danger in the labeling, instructions or marketing of the product
- You used the helmet as it was intended to be used
- You suffered an injury because of the defect ”“ you must prove a strong link between the defect and your injury
There are a variety of defects in a motorcycle or bicycle helmet that could result in injuries, including, but not limited to:
- Lack of impact-resistant material
- Problems with the chin strap that make it impossible to secure the helmet when the rider puts it on
- Defects with the helmet fastener that causes it to move out of position on the rider’s head
- Helmet does not comply with penetration deflection standards
- Helmet does not have proper impact attenuation in a crash
- Helmet does not comply with retention requirements
- Having too thin of a shell on the exterior, making the helmet less able to withstand blunt force, resulting on cracking on impact
These and other defects could make serious head injury much more likely if you are involved in a collision, such as with a motor vehicle. Examples of these serious injuries may include:
- Fractured skull
- Spinal cord damage
- Brain hemorrhage
- Facial disfigurement
- Diffuse axonal injuries
- Neck injuries
- And more
If you believe your helmet was defective in one of the ways listed above, or some other way, give us a call today to discuss a potential defective helmet lawsuit.
Damages You May be Eligible to Pursue
If our attorneys validate your claim, we are committed to pursuing maximum compensation for your damages. This includes compensation for economic and non-economic damages that resulted from your injuries. This often includes compensation for:
- Cost of medical treatment: This includes treatment you have already received and treatment you may need in the future if you have a long-term or permanent injury. It is important to find an experienced lawyer to represent you, as he or she will know how to gather evidence establishing the value of future medical bills.
- Lost earnings: If your injuries caused you to miss work or have forced you to change careers or work less, you may be eligible for compensation to make up for those lost earnings.
- Pain and suffering: Physical pain and emotional suffering can greatly impact your life after a significant injury.
- Disability: If you are permanently disabled because of the defective helmet, you may be eligible for compensation for disability.
- Lost companionship: This refers to the impact of your injuries on your relationship with your spouse.
- Lost enjoyment of life: Your injuries may prevent you from engaging in leisure activities you once enjoyed.
- Wrongful death damages: If your loved one died in the crash and his or her death resulted from a defective helmet, we may be able to seek wrongful death compensation for your loss.
In rare cases, punitive damages may be pursued. These damages are meant to punish the at-fault party for egregious or intentional negligence.
The value of each case needs to be assessed on its own. For instance, in 2019 a Colorado man sued Specialized Bicycle Components for $10 million after suffering a skull fracture, scalp laceration and permanent brain injury while in an accident wearing one of the company’s helmets. However, that amount is based on the facts of that case.
The attorneys at Phillips Law Group have the resources and legal knowledge to thoroughly investigate your situation to determine the damages that may be pursued.
Benefits of Hiring a Product Liability Lawyer
Companies that make bicycle or motorcycle helmets are likely going to fight hard to escape accountability for the injuries and damages their products cause. That is why you need someone in your corner who knows how to build a robust case.
Phillips Law Group’s attorneys have decades of combined experience and have obtained hundreds of millions in compensation on behalf of our clients. We have extensive knowledge of product liability laws and how to prove these cases. We have the resources needed to investigate and gather evidence to help prove negligence by manufacturers or others in the supply chain.
Unlike insurance companies and other at-fault parties, our interests are aligned with yours. We know how important it is to recover compensation after an unexpected injury. We are deeply committed to the best interests of our clients. That is why we take cases on contingency and there are no upfront fees for our services.
Visit our website and click on the reviews page to see what our clients have to say about their experiences working with our firm.
Give us a call today so we can determine if you may have a viable defective motorcycle/bicycle helmet case.
Safety Standards for Motorcycle and Bicycle Helmets
The data show motorcycle and bicycle helmets can go a long way toward lowering your risk of serious injury and death in a crash. According to statistics compiled by the Centers for Disease Control and Prevention (CDC), helmets reduce the risk of death by 37 percent and the risk of head injury by 69 percent. Motorcycle helmets also saved an estimated 1,859 lives in 2016 alone.
The National Transportation Safety Board conducted a meta-analysis revealing that wearing a bicycle helmet reduced the risk of all head injuries by 48 percent and severe head injuries by 60 percent.
However, helmets are only going to provide these benefits if they meet safety standards.
Federal Law on Motorcycle Helmets
Motorcycle helmets must meet highly specific safety standards set by federal law (Standard No. 218). There are a variety of tests that must be conducted to ensure the helmet meets these standards. These tests are meant to ensure a variety of things:
- The helmet will stay on the rider’s head in a crash
- The helmet will protect the head from impact shock
- The helmet will protect against brain injury and skull fracture
Helmets that do not meet these standards do not provide the same benefits. H&H Sports Protection voluntarily recalled some of its Torc T-55 V2 low-profile half helmets, sizes XS to XXL, because they did not protect from head impact and had the potential to loosen or shift position during a crash.
Compliant helmets should have certain labeling, including:
- Department of Transportation (DOT) sticker
- Label on the inside showing it meets standards set by a private organization like Snell Memorial Foundation or American National Standards Institute
- Manufacturer label on the inside or one on the helmet itself with the manufacturer name, model, size, month and year of manufacture
Standards for Bicycle Helmets
Bicycle helmets must meet standards set by the Consumer Product Safety Commission (CPSC). Approved helmets provide a high level of protection from skull fracture and have detailed labeling showing compliance with CPSC safety standards. Testing must also be conducted to ensure the helmet:
- Does not slid off if the rider falls, which is done with the positional stability test
- Does not block your vision, which is done with the peripheral vision test
- Straps hold the helmet firmly on the rider’s head and do not stretch such that they allow the helmet to come off (retention strength test)
- Significantly reduces the amount of force toward the rider’s head if the helmet hits a hard surface
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More Information on Defective Motorcycle/Bicycle Helmet
Defective Helmet Recalls
When motorcycle or bicycle helmets do not meet appropriate safety standards, they may be recalled.
There was a recall of more than 30,000 bicycle helmets marketed to children in January 2012. Testing found these helmets did not comply with CPSC safety standards. One year earlier, in 2011, Bell recalled more than 31,000 full-face bicycle helmets because of a defect in the chin strap buckle, which had a risk of failing in an accident.
Other bicycle helmet recalls include:
- Active Brands bicycle helmets (Ripper Jr., Ripper MIPS Jr. and Ripper MIPS helmets)
- Shimano Lazer helmets
- Louis Garneau bicycle helmets
In 2016, GMAX Helmets, LLC recalled nearly 3,000 GM-78 motorcycle helmets because they did not adequately protect riders from injury during a crash.
Unfortunately, recalls often come too late, as products are already on the market when they are recalled. That means they may be in use and consumers may be expecting a certain level of protection from serious injury.
If you were injured because of a defective helmet, give Phillips Law Group a call today because you may have legal options. Manufacturers may have known about the defect and sold the helmet anyway. Even if they did not know, they likely should have, which means they may bear liability for your damages.
Have a question about a potential a case?
Call to Discuss a Defective Helmet Lawsuit
Product manufacturers often cut corners or find ways to cheat to ensure their products pass safety inspections. They may also learn their products are more dangerous than they originally thought and wait too long to inform consumers.
At Phillips Law Group, we know how the negligence of product manufacturers often causes consumers to suffer serious injuries and damages. We are committed to holding them accountable and pursuing full compensation for damages suffered by victims.
Our attorneys work on contingency, which means no upfront fees or legal obligations. We do not get paid for representing you unless you get paid.
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