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  • Writer's pictureAdam Funk

When Your Motorcycle Helmet Fails: A Guide to Protecting Your Rights

When Your Motorcycle Helmet Fails: A Guide to Protecting Your Rights

Every motorcyclist knows the importance of wearing a proper helmet. It's a legal requirement in most states and a basic safety precaution against the devastating consequences of head trauma in a crash. But what happens when the very helmet you trust to protect you fails?

Motorcycle helmet failure can be devastating. It can lead to severe head injuries, permanent disability, and even death.Unfortunately, it's not an uncommon occurrence. Defective helmets, improper fit, and inadequate maintenance can all contribute to helmet failure in a crash.

If you've been injured in a motorcycle accident and believe your helmet failed, you have rights. This guide provides essential information about motorcycle helmet failure and how you can protect your legal rights.

Understanding Helmet Failure

Helmet failure can occur in several ways:

  • Material defects: Manufacturing flaws in the helmet's shell, liner, or other components can compromise its ability to absorb impact and protect your head.

  • Design flaws: Poor design choices, such as inadequate ventilation or weak chin straps, can increase the risk of helmet failure.

  • Improper fit: A helmet that doesn't fit snugly can come off during a crash, leaving your head unprotected.

  • Damage: Worn-out helmets or those with cracks, scratches, or other damage may not provide adequate protection.

  • Improper maintenance: Lack of proper cleaning and maintenance can weaken the helmet's components and reduce its effectiveness.

Recognizing the Signs of Failure

Identifying helmet failure after a crash is crucial to pursuing a claim. Here are some signs to look for:

  • Cracks or damage to the shell or liner

  • Torn or broken straps

  • Loose or missing chin strap buckle

  • Excessive wear and tear

  • Deformation of the helmet

Protecting Your Rights After Helmet Failure

If you suspect your helmet failed in a crash, here are the steps you should take:

  • Seek medical attention immediately. Your health and well-being are the top priority.

  • Gather evidence at the accident scene. Take photos of your helmet, the crash scene, and any other relevant details.

  • Contact your insurance company. Report the accident and file a claim.

  • Keep your helmet. Don't discard it, as it's vital evidence in your case.

  • Consult with a personal injury attorney. An experienced attorney can investigate your claim, determine the cause of the helmet failure, and advise you on your legal options.

Types of Compensation Available

If you successfully prove that your motorcycle helmet failed and contributed to your injuries, you may be entitled to compensation for:

  • Medical expenses: Past, present, and future medical bills related to your injuries.

  • Lost wages: Compensation for income lost due to your injuries.

  • Pain and suffering: Compensation for the physical and emotional pain and suffering caused by your injuries.

  • Disabilities: Compensation for any permanent disabilities you sustain.

  • Punitive damages: In some cases, you may be awarded punitive damages to punish the manufacturer or seller for their wrongdoing.

Holding Manufacturers and Sellers Accountable

Holding helmet manufacturers and sellers accountable for defective products is crucial to ensuring the safety of all motorcyclists. A successful lawsuit can:

  • Compensate victims for their injuries

  • Hold manufacturers and sellers responsible for their negligence

  • Force manufacturers to improve the safety of their products

  • Prevent future accidents and injuries

Choosing the Right Attorney

When facing a complex legal situation like helmet failure, it's crucial to choose the right attorney. Look for someone with:

  • Experience in motorcycle accident cases and helmet failure lawsuits.

  • A strong track record of success in personal injury cases.

  • A deep understanding of product liability law.

  • The resources and expertise to handle your case effectively.


Motorcycle helmet failure can have devastating consequences for riders and their families. By understanding your rights and taking the necessary steps to protect them, you can hold manufacturers and sellers accountable for their negligence and seek the compensation you deserve to recover from your injuries. Remember, choosing the right attorney and pursuing legal action can make a significant difference in your life after a motorcycle accident with helmet failure.


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