Q: My motorcycle helmet cracked in a crash and I suffered a mild traumatic brain injury. How do I know if I have a defective product claim against the manufacturer of the helmet?
It is very possible that you have a claim against the manufacturer of your motorcycle helmet, especially if it the helmet is deemed defective and has been approved by the Department of Transportation (DOT). DOT approved motorcycle helmets have safety standards they have to adhere to and that are regulated by the Consumer Product & Safety Commission.
While there are safety regulations in place that manufacturers have to abide by, sometimes manufacturers cut corners or use poor materials, causing a defect in manufacturing or design. Unfortunately, defective motorcycle helmets have been known to make the way onto the market from time to time.
In order to determine if your motorcycle helmet was defective and if you have a product liability lawsuit against the manufacturer, you need to do a couple of things. First, take pictures of your helmet and save the helmet—including any pieces that came off the helmet. Then, it is essential that you speak with an attorney who has experience handling motorcycle accident claims. A good lawyer will help you preserve the evidence and get your motorcycle helmet inspected.
If your helmet is determined to be defective, you can hold the manufacturer liable and may be able to collect damages such as your medical expenses, surgical costs, lost income, pain and suffering, and other future damages. If the helmet was not defective, you may still have a claim against the other driver involved.