Defective Helmets in Motorcycle Accidents

Posted by on Apr 1, 2014 in Product Defects | 3 comments

A motorcycle rider is about 30 times more likely to sustain severe injury or death than a car passenger in an accident, mostly because of the speed of travel and the lack of protection. To mitigate the dangers associated with motorcycle accidents, riders are required by law to use protective gear, most particularly a well-built sturdy helmet to prevent traumatic brain injury that can too easily result from flying head over keyster over the handlebars to impact with steel, concrete, or wood.

And it is true that helmets save lives. According to the website of these Massachusetts personal injury attorneys, motorcycle accidents usually result in serious injury or death. This is because motorcyclists are often traveling at the same high speeds as automobiles, but without a lot of the safety features offered in cars. It is estimated that helmets save an average of 1,500 lives every year by preventing head injuries, which is a serious injury in itself that may also lead to death. However, when the motorcycle helmet is defective in some way, it has effectively removed any chance of the wearer from surviving a bad tumble. This is why it’s imperative for a helmet to provide the protection that is inherently promised by its existence.

If the rider had chosen a poor quality helmet that did not meet the federal standards imposed by the Department of Trade (DOT) because it was cheap, then the rider has no one else to blame. One should never stint on safety gear, especially when on a motorcycle. But if the rider had purchased in good faith what was represented to be a helmet that met DOT safety standards, he or she has a right to expect that the helmet will perform as expected. A design or manufacturing defect in the helmet itself or the strap can cause the helmet to fail in protecting the head in an accident. This can render the manufacturer liable for any injuries, and perhaps the distributor if the helmet was known to be defective but was still sold without disclosing this knowledge to the purchaser.

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