Motorcycle accidents can be very frightening, especially if you’re thrown from your bike or suffer a painful injury. Unfortunately, the risk of injury (or death) in a motorcycle accident is about 80 percent, compared to 20 percent for a car accident. This is because there are more safety features available in a car or larger vehicle, like seat belts, airbags, and the heavy metal of the car frame and doors.
Many motorcyclists understand these risks and take steps to reduce the risk of injury by purchasing protective gear. This is an important step in riding as safely as possible. A helmet can reduce the risk of death in a bike crash by 37 percent, and the risk of head injury by 69 percent. Other protective gear such as heavy or padded clothing, gloves, and boots can further reduce the risk of injuries like broken bones or internal bleeding. But no protective gear is guaranteed to prevent 100 percent of injuries. The fact that you were injured while using safety equipment doesn’t necessarily mean you have a case against the equipment manufacturer.
However, if your safety gear was truly defective, failing to live up to a specific product claim or meet minimum safety standards for that class of item, you may be able to file a defective product claim. Additionally, there may be other parties you can sue if their negligence caused your accident or injury in some way. It can be difficult to sort out who, if anyone, you might have a claim against. The best solution is to contact a South Carolina motorcycle accident lawyer for a free consultation. They will be able to advise you on the options so you can decide how to move forward.
In the meantime, let’s take a look at common motorcycle safety equipment, and what you need to know:
A motorcycle helmet should have one of the following stickers to show the safety standards it meets:
DOT testing is done by independent contractors, who place a head-shaped “headform” inside a helmet. This headform contains sensors meant to register how much force the headform absorbs through the helmet. Then the testers put the helmet in a jig, and from there it’s dropped at a chosen rate of speed onto an anvil. Sensors track how much impact energy is absorbed during impact to predict how much energy your head would absorb if you were thrown off your bike and hit your head. DOT has the following criteria:
ECE testing is done with the knowledge that European motorcycle accidents typically happen at lower speeds than those in the US. Standards include other safety features besides energy absorption:
Many in the motorcycle industry consider SNELL testing to be the most demanding, as it’s designed to test helmets for racing. An accident at high speeds can easily result in a very high impact on the helmet. As a result, SNELL requirements include:
SHARP testing is only done on helmets that already have ECE certification and offers a color-coded rating to consumers. Its criteria include:
All of the above certifications are based on tests with well-fitting headforms. If your helmet isn’t a good fit, it will be far less effective in keeping your head safe. It should fit snugly and shouldn’t shift when you move your head. When trying on a helmet, turn your head from side to side and make sure it isn’t blocking your peripheral vision.
There are three styles of helmets – the full helmet, the ¾ helmet, and the ½ helmet. The full offers the most complete protection, including extra coverage near the base of the head and a visor to shield your eyes. The 3/4 helmet only covers the side, top, and back of your head, with less coverage in the chin area. The ½ helmet has the least coverage, protecting the top of your head and only part of the side and back. It also lacks a visor and is meant to be worn with safety goggles for eye protection.
If it turns out that your helmet had a DOT sticker, but it did not perform up to DOT standards in an accident, then the helmet may have been defective. It’s also possible a DOT sticker was fraudulently placed on a helmet that did not meet these standards. Either way, it is possible you might have a claim against the manufacturer or distributor in this case. If you believe your helmet failed when it shouldn’t have, it’s important to hang onto it for later examination (if at all possible). Your attorney can help you determine if there was a serious issue with the helmet.
It’s important to protect the rest of your body when riding as well. It’s great to be comfortable, but regular clothes don’t offer the right level of protection for riding a motorcycle. A good-quality riding jacket made of leather, Kevlar, or another heavy, protective material is a must. Riding pants also have extra padding in areas most likely to make contact with the ground, such as around the knees. Riding boots provide protection for your feet and ankles, and gloves keep your hands safe while helping you have a strong grip on the handlebars. If any of these items are poorly made, they may not offer the level of protection promised.
If you were hurt in a motorcycle wreck and feel that your safety equipment should have worked better, the first thing to do is to look over the piece in question. Does it look like some portion of the item failed? Is there a broken strap or component? You might also lookup the item online and see what, if any, promises were made by the manufacturer.
However, it can be difficult for the average person to tell if their safety item is defective. In some situations, depending on the speed and angle of the impact, it simply isn’t realistic to expect any safety item to prevent all injuries. Your motorcycle accident attorney can go over the details of your accident with you, and help determine if there was a problem with your safety equipment, or if you just got into a particularly bad accident.
If the protective gear was not to blame, there may still be other parties you can sue to receive damages for your injuries:
The best way to determine who, if anyone, you can sue is to schedule a free consultation with a motorcycle accident attorney. They will ask you about what happened, then explain your options for seeking compensation.
Auger & Auger has been representing motorcycle accident victims and their families for more than 25 years. We have worked on countless motorcycle personal injury cases, including some that involve wrongful death or defective products claims.
You deserve to know your options for receiving full compensation. If you or a close family member has been injured in a motorcycle crash, you can call us at (855) 969-5671 or contact us online to schedule a free, no-obligation consultation to discuss your possible case.