Helmet Defect Injury in Montgomery, Alabama

Wearing a helmet is undoubtedly one of the most effective ways to reduce the risk of brain injuries in the event of an accident. The American Association of Neurological Surgeons (AANS) reports that helmets can reduce the risk of head injuries by as much as 45 percent. Data also shows that people who wear helmets are less likely to suffer traumatic brain injuries in the event of a fall or a collision compared to those who do not wear helmets.

Unfortunately, not every helmet available on the market is capable of protecting you against brain injuries. There are many helmets that do not meet the standards set by the Consumer Product Safety Commission (CPSC) and the Department of Transportation (DOT). Wearing substandard helmets can leave you vulnerable to head injuries in the event of a fall or collision.

If you have suffered a head injury despite wearing a helmet, the Alabama helmet defect injury lawyers at Frank Wilson, Attorney at Law can help you. If your helmet is found to be defective, we can file a claim against the manufacturer and other liable parties and help you get the compensation you deserve.

Helmet Laws in Alabama

Alabama has a universal helmet law which is applicable for motorcyclists as well as bicyclists. Under the law, anyone who is over the age of 16 must wear a helmet while riding a bicycle. Similarly, anyone who operates or rides a motorcycle must wear a helmet – regardless of their age.

The law also states that the helmet must meet the following criteria:

• It must meet the federal standards for motorcycle helmets.
• It must contain a hard outer shell, a shock-absorbent cradle, and a thick, impact-resistant padding.
• It must pass penetration deflection and impact attenuation tests.
• It must contain an adjustable chin strap.
• It must not contain any material that can cause irritation, allergic reactions, or any kind of disease.

It should be noted that the aforementioned criteria are meant for motorcycle helmets. For other recreational activities like skateboarding, rock climbing, polo, hockey, and football, there are other types of helmets available.

What Is Considered a Defective Helmet?

A helmet is not fit to be worn while riding a motorcycle or bicycle – or while engaging in any recreational activity – if it is defective in one or more of the following ways.

• If its straps and buckles are flimsy, not properly attached to the helmet, or damaged
• If its design causes it to slip off the head
• If it is not made of impact-resistant material
• If it does not have sufficient padding on the inside
• If it does not meet the standards set by the CPSC and DOT

What Are the Risks Associated with Wearing a Defective Helmet?

Wearing a defective helmet while riding a bicycle or motorcycle can be extremely dangerous for two reasons.

• The helmet could slip off your head when you fall down or when you collide with another vehicle and leave your head completely exposed. As a result, you could sustain a skull fracture and serious head injuries.
• Even if it stays on your head, it might not be able to absorb or deflect the force of the impact effectively. It can significantly increase the risk of a traumatic brain injury.

The expenses associated with treating an intracranial hematoma, skull fracture, or a traumatic brain injury can be exorbitant. Even if you have insurance, your policy might not cover the entire cost of your treatment and rehabilitation. Also, the out-of-pocket expenses associated with these types of treatments can be quite significant as well.

What is worse is that a brain injury – depending on its severity – can leave you partially or totally disabled. It can greatly affect your earning capacity or render you incapable of being gainfully employed ever again.

Attorney Frank Wilson knows how devastating a head injury can be. He can ascertain the value of your claim, collect the evidence needed to support your claim against the at-fault parties, and fight aggressively to obtain a settlement that adequately covers your medical expenses, wage losses, and other economic and non-economic losses.

How You Can Hold a Defective Helmet Manufacturer Accountable for Your Injuries

Under Alabama law, you have the right to file a product liability claim against the manufacturer of the defective helmet and seek compensation for your injuries and other losses.

Unlike a regular personal injury claim, a product liability claim does not require you to prove the at-fault party’s negligence or recklessness. All you need to prove is:

• The product in question was manufactured by the at-fault party
• The product in question was defective
• Your injuries were caused as a result of the defect

In other words, it does not matter whether the manufacturer was negligent or not. The very fact that they manufactured, marketed, and distributed a defective product is sufficient to hold them accountable for your injuries.

You can seek compensation from the defective helmet manufacturer for the following losses:

• Medical expenses
• Cost of rehabilitation
• Cost of long-term care (if you are disabled)
• Cost of mobility assistance devices
• Property damage
• Lost wages
• Loss of earning capacity
• Diminished quality of life

How the Alabama Helmet Defect Injury Lawyers at Frank Wilson, Attorney at Law Can Help You

If you have been injured in a fall accident or a collision due to a defective helmet, you deserve to get compensated for your injuries and other losses. With a seasoned and focused helmet defect injury lawyer from Frank Wilson, Attorney at Law by your side, you can significantly increase your chances of recovering the maximum possible compensation from the at-fault company.

To discuss your claim with a member of our legal team, contact us today to schedule a free consultation.