Motorcycle helmets are designed to provide a vital barrier of protection between a rider’s head and the forces produced in a crash. But what happens when the equipment a rider trusts is defective? Helmet defects and motorcycle accidents can form a dangerous and sometimes devastating combination. A helmet can fail at the worst time, when a rider needs it most because of a weak shell, a faulty retention system, inadequate impact absorption, or some other design or manufacturing glitch.
Table of Contents:
- Why Motorcycle Helmets Matter?
- What Is a Defective Motorcycle Helmet?
- Common defects in motorcycle helmets
- How Helmet Defects Can Increase the Severity of Motorcycle Accident Injuries?
- Who Can Be Held Liable for a Defective Motorcycle Helmet?
- Why DOT-Certified Helmets and FMVSS 218 Matter?
- Evidence That May Help Prove a Helmet Defect
- What steps should be taken after a motorcycle accident?
- Compensation Potential in a Defective Helmet Motorcycle Accident Claim
- The Complexity of Faulty Helmet Cases
- Choosing a Safer Motorcycle Helmet
- Helmet Defects and Motorcycle Accidents Require a Thorough Investigation
- Injured in a Motorcycle Accident? Contact Roxell Richards Injury Law Firm.
Why Motorcycle Helmets Matter?
Motorcyclists have far less physical protection than occupants of passenger vehicles. There is no enclosed passenger compartment, airbag system surrounding the rider, or vehicle frame separating the rider from the road. During a serious accident, a rider can be thrown from the motorcycle and strike another vehicle, pavement, guardrail, or roadside object.
That makes a properly functioning helmet especially important.
The National Highway Traffic Safety Administration (NHTSA) describes a compliant motorcycle helmet as one of the most effective ways to reduce the likelihood of serious injury or death in a crash. NHTSA also advises riders to look for the DOT symbol showing that a helmet is represented as meeting Federal Motor Vehicle Safety Standard No. 218 (FMVSS 218).
A helmet cannot prevent every head or brain injury. However, it is specifically intended to manage impact forces and provide protection during a crash. A defective helmet can cause more severe injuries than a normal one.
In those circumstances, investigating the motorcycle crash itself may be only part of determining what happened. The helmet may also need to be examined.
What Is a Defective Motorcycle Helmet?
A defective motorcycle helmet is one that is unreasonably unsafe because of an issue with its design, manufacture, warnings, instructions, or another safety-related feature.
Not every damaged helmet is defective. A properly manufactured helmet may sustain extensive damage after absorbing the energy of a severe collision. Determining whether a defect existed usually requires looking at the helmet, the circumstances of the crash, its manufacturing history, applicable safety requirements, and sometimes expert testing.
Potential problems may originate before the helmet ever reaches the rider.
For example, a helmet could have:
-
- A structural weakness in its outer shell
- Inadequate impact-absorbing material
- Defective straps, buckles, or fasteners
- Improperly bonded internal components
- Faulty sizing or retention characteristics
- Unsafe interior or exterior projections
- Manufacturing inconsistencies
- Incorrect or inadequate safety labeling
- Missing warnings or instructions
- Materials that do not perform as intended
FMVSS 218 addresses performance areas including impact attenuation, penetration, and retention-system requirements, among other specifications. NHTSA has also issued compliance and recall materials involving motorcycle helmets that failed certain FMVSS 218 requirements, demonstrating that helmet safety issues can involve more than cosmetic imperfections.
Common defects in motorcycle helmets
Outer Shell Faulty
The helmet’s outer shell has been designed to play an important role in the impact management and head protection of the rider. If the shell is cracked, split, or otherwise fails abnormally due to improper materials or manufacture, it may not perform as intended.
The defect may be something like improper thickness, a weakness in the composite materials, poor molding, or some other structural problem.
Poor Impact-Absorbing Liner
Many motorcycle helmets have an energy-absorbing liner inside to help manage forces that reach the rider’s head.
A thin liner, one that is poorly manufactured, installed improperly, or made with the wrong material, may provide less protection than expected.
NHTSA notes that the absence of an impact-attenuating liner can be a visual indicator that a helmet may be unsafe or noncompliant.
Faulty Chin Strap or Retention System
A helmet cannot protect a rider effectively if it comes off during a collision.
The retention system usually includes items such as the chin strap, fasteners, and associated attachment points. Defects could cause the helmet to come off or detach from the rider’s head in a crash.
The NHTSA recall documents have reported cases of helmets failing their retention systems during safety tests, highlighting how crucial these parts are.
Bad Buckles and Fasteners
A small buckle problem can be a serious issue in an accident.
Potential defects include the following:
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- Buckles that unexpectedly release
- Fasteners that separate under load
- Weak attachment points
- Straps that tear
- Components that do not lock correctly
When the retention system fails, the rider may lose helmet protection during subsequent impacts.
Unsafe Interior Components
Hard or improperly positioned components inside a helmet may create additional risks during a collision.
Federal rules for motorcycle helmets include guidelines about hard parts inside the helmet, and NHTSA has stated that FMVSS 218 limits certain hard parts both inside and outside the helmet.
Accessories or modifications should therefore also be evaluated carefully when investigating a possible helmet-related injury.
Manufacturing Defects
A helmet design can be reasonably safe on paper while an individual helmet or production batch is defective because something went wrong during manufacturing.
Examples might include:
-
- Improper adhesive application
- Incorrect assembly
- Contaminated materials
- Missing padding
- Incorrect shell thickness
- Improper curing of composite materials
- Weak stitching
- Misaligned retention-system components
Manufacturing records and comparisons with undamaged helmets from the same model or production run can sometimes become important evidence.
Warning and Labeling Problems
Safety information matters.
A rider may need instructions concerning proper sizing, fastening, use, maintenance, replacement, or limitations. In some cases, a product liability investigation may examine whether safety warnings or instructions were adequate.
NHTSA recommends that riders check for the DOT symbol on the outside back of a motorcycle helmet and provides additional guidance for recognizing potentially unsafe helmets.
How Helmet Defects Can Increase the Severity of Motorcycle Accident Injuries?
A helmet defect does not necessarily cause the underlying motorcycle collision.
For example, a driver could make an unsafe turn and hit a motorcyclist. Two separate issues. The driver may be at fault for causing the crash, and the rider’s injuries may be compounded by a defective helmet.
That distinction can be critical in a personal injury or product liability investigation.
Potential injuries associated with motorcycle head impacts include:
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- Traumatic brain injuries
- Concussions
- Skull fractures
- Facial fractures
- Brain bleeding
- Brain swelling
- Cognitive impairment
- Memory difficulties
- Vision or hearing problems
- Neurological damage
- Permanent disability
- Fatal injuries
A defective helmet case may therefore involve questions beyond who caused the motorcycle accident. Investigators may also need to determine whether the helmet performed as a reasonably safe helmet should have under comparable circumstances.
Who Can Be Held Liable for a Defective Motorcycle Helmet?
Because product liability law differs from state to state, there is no one liability rule that applies to every helmet accident.
Depending on the facts of the jurisdiction, a case may involve allegations of either a design defect or issues related to a manufacturing defect.
Design Defect
A design defect claim generally focuses on characteristics of the product’s intended design.
The investigation may ask whether the helmet’s design created an unreasonable safety risk and whether that design contributed to the rider’s injury.
Manufacturing Defect
Manufacturing defect allegations generally involve a product that departed from its intended specifications because of an error during production or assembly.
For example, a particular helmet or batch might contain a weakness absent in properly manufactured helmets of the same design.
Manufacturers can face legal issues for failing to warn consumers about potential dangers or provide adequate instructions.
Some cases involve allegations that a manufacturer failed to communicate an important non-obvious danger or provide appropriate instructions.
The specific legal requirements depend heavily on applicable state law and the facts surrounding the product.
Why DOT-Certified Helmets & FMVSS 218 Matter?
In the United States, the NHTSA’s FMVSS No. 218 sets out federal performance requirements for motorcycle helmets.
NHTSA advises riders to choose helmets displaying the DOT symbol, which indicates that the manufacturer certifies the helmet complies with FMVSS 218.
Riders should be cautious about so-called novelty helmets that are not designed or certified to satisfy the federal standard. NHTSA has specifically provided guidance to help motorcyclists identify potentially unsafe helmets.
Importantly, a DOT label does not mean an accident-related helmet issue should automatically be dismissed. If evidence indicates that a helmet failed unexpectedly, further investigation may still be warranted.
Evidence That May Help Prove a Helmet Defect
Product liability cases often depend on evidence that can disappear quickly after an accident.
Important items may include:
-
- The motorcycle helmet itself
- Pieces that separated from the helmet
- The motorcycle
- The rider’s other protective equipment
- Accident scene photographs
- Helmet photographs taken immediately after the collision
- Police reports
- Surveillance footage
- Dashcam or motorcycle camera video
- Witness statements
- Purchase receipts
- Online purchase records
- Helmet packaging
- Model and serial information
- Manufacturer instructions
- Medical records
- Emergency room records
- Diagnostic imaging
- Prior recall information
- Relevant product testing records
The exact helmet should generally be preserved in its post-accident condition whenever possible. Cleaning, repairing, modifying, or discarding it could eliminate valuable evidence.
What steps should be taken after a motorcycle accident?
Your health comes first after a serious motorcycle collision. Seek appropriate medical attention, especially after any head impact. Symptoms associated with head injuries are not always immediately obvious.
Once immediate medical needs are addressed, several steps can help safeguard important information:
-
- Keep the helmet and all broken pieces. Do not throw away damaged parts.
- Photograph the helmet from multiple angles. Include close-up photographs of cracks, straps, buckles, padding, and labels.
- Preserve proof of purchase. Keep receipts, online orders, packaging, and product documentation.
- Document the accident. Preserve photographs, videos, witness information, and police documentation.
- Avoid repairing or altering the helmet. Its post-crash condition may need to be evaluated.
- Keep records of your injuries and expenses. Medical treatment, lost earnings, and other accident-related losses may become relevant.
- Consider speaking with a motorcycle accident attorney. Legal deadlines and evidence-preservation issues can make early investigation important.
Compensation Potential in a Defective Helmet Motorcycle Accident Claim
Compensation in a motorcycle accident or defective product case can include the following losses, where supported by the facts:
- Emergency Medical Services
- Hospitalization for
- operation
- Rehabilitation.
- Physiotherapy
- health care in the future
- Wage loss
- Reduced ability to earn
- Pain and sorrow
- distress.
- Permanent disability:
- Deformity
- Other losses recoverable under the law
In fatal motorcycle accidents, other rights may exist for surviving family members or representatives under applicable wrongful death or survival laws.
The types and amounts of compensation may vary depending on the jurisdiction, evidence, insurance coverage, parties involved, and individual circumstances.
The Complexity of Faulty Helmet Cases
An accident involving a motorcycle and defective protective equipment can be a mix of traditional vehicle negligence and complex product liability issues.
The insurance company or manufacturer of the product may argue that
-
- The force of the impact was so great that no helmet, regardless of its size, could have saved him.
- The helmet was the wrong size.
- It was not properly fastened by the rider.
- The helmet had been damaged already.
- The rider modified the helmet.
- The product was misused.
- The helmet was doing its job.
- The injuries were the sole responsibility of another party.
Responding to these arguments might require technical evidence.
They also might seek physical evidence such as whether the retention system was properly secured, if the shell broke in an unusual way, or if the forces involved were consistent with the failure claimed, for example.
That is one reason preserving evidence immediately after the accident can be so valuable.
Choosing a Safer Motorcycle Helmet
Although no helmet can guarantee protection against every injury, riders can take practical steps when selecting protective equipment.
NHTSA recommends choosing a helmet that fits you properly and is marked with the DOT symbol, signifying compliance with FMVSS 218.
Motorcyclists should also do the following:
-
- Buy helmets from reliable sellers.
- Check that the helmet fits properly.
- Follow the manufacturer’s fastening instructions.
- Examine regular straps, buckles, shells, and padding.
- Review manufacturer safety notices.
- Check for any relevant recalls or compliance concerns.
- Avoid using helmets that have sustained significant impact unless the manufacturer indicates they remain safe.
- Be cautious about modifications that could affect helmet performance.
Investing in a quality helmet ensures rider safety, and riders should expect their safety equipment to perform as intended.
Helmet Defects and Motorcycle Accidents Require a Thorough Investigation
When someone suffers a traumatic brain injury or another serious head injury in a motorcycle collision, attention often focuses immediately on the person who caused the crash.
While that investigation is crucial, it may not provide a complete picture.
If a helmet cracked unexpectedly, detached, lost its retention system, contained inadequate protective material, or otherwise failed in a suspicious manner, the helmet itself deserves careful examination.
A motorcyclist may have done exactly what safety experts recommend by wearing protective equipment. Defective equipment can have life-altering consequences.
Understanding whether the helmet contributed to an injury may require examining:
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- How the accident occurred
- Where the rider’s head was impacted
- Whether the helmet remained secured
- How the shell and liner responded
- Whether the helmet complied with applicable safety requirements
- Whether similar products experienced failures
- Whether the manufacturer or another company knew of a safety problem
- Whether the alleged defect caused or increased the rider’s injuries
The sooner potentially relevant evidence is preserved, the stronger the opportunity may be to understand what actually happened.
Injured in a Motorcycle Accident? Contact Roxell Richards Injury Law Firm.
A motorcycle helmet is supposed to help protect you at the moment you need it most. If a defective helmet failed during your motorcycle accident and you suffered a serious head, brain, facial, or other injury, you deserve answers.
At the Roxell Richards Injury Law Firm, we understand that motorcycle accident cases can be complicated, especially when the injuries may have been caused by defective safety equipment. Our legal team can look into the collision, determine potentially liable parties, preserve critical evidence, assess insurance coverage, and determine if a defective product claim may be part of your case.
Don’t discard, destroy, or discard a damaged helmet until its importance has been determined.
Contact Roxell Richards Injury Law Firm right now for a FREE consultation and let’s discuss your motorcycle accident and legal options. Investigating the circumstances surrounding the crash and helmet failure promptly allows for the identification and protection of crucial evidence.
You trusted your helmet to protect you. If it failed because of a defect, let Roxell Richards Injury Law Firm fight to uncover why and pursue the compensation the law may allow.
Roxell Richards Injury Law Firm
6420 Richmond Ave. Ste. #135
Houston, TX z7057
Phone: (713) 974-0388
Fax: (713) 974-0003
Five Important Questions about Motorcycle Accidents and Helmet Defects
1. Can I file a claim if my helmet malfunctioned in a motorcycle accident?
Maybe. If a legally actionable defect in a motorcycle helmet played a role in your injuries, you may have a basis for a product liability claim against one or more parties involved with that product.
But just showing a helmet broke during an accident usually doesn’t prove it was defective.
During the process of absorbing crash energy, helmets can sustain significant damage. A qualified investigation can determine whether there was an abnormal failure of the helmet, whether the helmet met any applicable standards, whether there were any known safety issues with the model, and whether the suspected defect contributed to the rider’s injuries.
The claim handler may work with engineers, accident reconstructionists, medical professionals, and product safety experts as appropriate.
2. Who Can Be Responsible for a Defective Motorcycle Helmet?
Potential responsibility depends on the facts and applicable state law.
Parties that may need to be investigated can include:
- Helmet manufacturers
- Component manufacturers
- Designers
- Importers
- Distributors
- Retailers
- Other businesses involved in bringing the helmet to market
The driver or party who caused the underlying motorcycle crash may also have separate liability.
For example, suppose a negligent driver strikes a motorcycle. The rider is thrown from the bike, and a defective helmet strap breaks during the impact. If evidence indicates that the strap failure contributed to a serious head injury, the case could potentially involve both the negligent driver and parties associated with the helmet.
Because product liability rules vary by jurisdiction, determining the appropriate defendants requires a case-specific legal analysis.
3. What Should I Do With My Helmet After an Accident?
Preserve it. If you believe your motorcycle helmet malfunctioned, do not throw it away or unnecessarily alter it. The helmet itself could become critical physical evidence.
If possible, preserve:
- The helmet
- Broken helmet components
- Straps and buckles
- Visors
- Interior padding
- Helmet packaging
- Receipts
- Instruction manuals
- Product registration information
- Serial, batch, or model numbers
- Photographs of the helmet
- Photographs from the accident scene
Do not attempt to repair the helmet before it has been evaluated.
You should also avoid giving potentially important physical evidence to another party without first understanding how it will be documented and preserved. An attorney can help determine appropriate evidence-preservation procedures.
4. How Can a Lawyer Prove That a Motorcycle Helmet Was Defective?
Defective-product cases can be highly technical. Depending on the circumstances, evidence may include the following:
Physical examination of the helmet. Experts may analyze cracks, fractures, deformation, strap failures, liner condition, attachment points, and other components.
Accident reconstruction. Understanding the rider’s movement, impact location, speed, trajectory, and sequence of events can help determine what forces were applied to the helmet.
Medical evidence. Doctors and other specialists may evaluate how an injury occurred and whether a helmet failure could have contributed to its severity.
Product records. Manufacturing specifications, testing documents, quality-control materials, distribution information, or other records may become relevant.
Recall and compliance information. An investigation may verify whether the model or manufacturer has been associated with safety recalls, compliance testing, or similar reported problems.
Witness evidence. Witnesses may have seen the helmet come off, separate, crack, or otherwise malfunction during the crash.
Preserving the helmet early is particularly important because destructive testing, repairs, handling, or disposal could make later analysis more difficult.
5. Can I Still Have a Case If Another Driver Caused the Motorcycle Accident?
Potentially, yes. A motorcycle accident can have more than one contributing cause.
One party may be responsible for causing the collision while another party may bear responsibility for a defective product that contributed to additional injuries.
Imagine a vehicle turns across a motorcyclist’s lane. The rider strikes the vehicle and is ejected. During the collision, a defective helmet buckle releases, and the helmet comes off before the rider’s head strikes the roadway.
The driver’s conduct and the helmet’s alleged defect involve different questions.
Determining how much each factor contributed to an injury can require accident reconstruction, medical analysis, engineering expertise, and application of state-specific liability rules.