Suing for a Defective Helmet After a Bicycle Accident in Palm Beach Gardens

Cyclists depend heavily on their helmets to provide protection against bruises, lacerations, and head injuries. While many of these helmets prove effective, others fail to offer any protection whatsoever. Cyclists may only discover the defectiveness of their helmets after they suffer serious, traumatic head injuries. If you believe that a defective bike helmet contributed to the severity of your head injury after a Palm Beach Gardens bicycle accident, you may have the opportunity to seek compensation for your injuries.

A Product Liability Lawsuit May Be Possible

 If your head injury occurred because of a defective bike helmet, you could potentially file a “product liability lawsuit” against the designer, manufacturer, or marketer of the helmet. For example, your bike helmet may have shattered instantly after impacting the ground, offering very little protection. Perhaps your bike helmet did not meet safety regulations set forth by state and federal law.

Your injury lawyer can help you determine whether the helmet was subject to a recall prior to your accident. Perhaps other cyclists have suffered similar injuries due to the helmet model. They might have filed a class-action lawsuit, and you may be able to join.

Suing the At-Fault Party

 Although a product liability lawsuit is certainly possible, you might also sue an at-fault driver for causing your accident. For example, a distracted driver may have veered into your lane, sending you crashing into a tree. Perhaps an Uber passenger suddenly opened their door, blocking your bike lane and ejecting you onto the road. It makes sense to explore all potential sources of compensation after a bicycle accident in Palm Beach Gardens – and not just a bike helmet lawsuit.

Filing a PIP No-Fault Insurance Claim After a Bicycle Accident 

If you own a vehicle insured in Florida, you may have PIP/no fault insurance through your own auto policy that may cover your bicycle injuries. This is another viable source of compensation, and you do not need to prove fault in order to cover your medical expenses and missed wages.

That being said, no-fault insurance only covers economic damages and usually is capped at $10,000.00.  It does not cover the non-economic damages associated with a head injury. These non-economic, emotional issues can be quite severe. They might include personality changes, depression, PTSD, social withdrawal, loss of enjoyment of life and various other issues.

It makes sense to consider a personal injury lawsuit first and foremost, as you deserve compensation for non-economic damages associated with a head injury. However, PIP insurance can help cover your losses if a lawsuit seems impossible. An experienced injury lawyer can seek as much compensation as possible from multiple sources.

Find an Experienced Palm Beach Gardens Bicycle Accident Lawyer 

If you were injured in a Palm Beach Gardens bicycle accident, consult with Smith, Ball, Báez & Prather. A product liability lawsuit may be possible – but you might have other legal options to pursue as well. Begin the discussion by scheduling a consultation with our Palm Beach Gardens personal injury lawyers today.

Sources: 

ncbi.nlm.nih.gov/pmc/articles/PMC4677116/

cpsc.gov/Newsroom/News-Releases/2023/CPSC-Warns-Consumers-to-Immediately-Stop-Using-TureClos-Bicycle-Helmets-Due-to-Risk-of-Head-Injury-Sold-at-Walmart-com