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Bicycle Helmet Injuries

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at 844SeeMike.
  • Over 20 years of experience in Personal Injury.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

Riding a bicycle is a rite of passage for children, giving them a sense of freedom as well as providing them with a great method of staying active and a positive outlet for their energy. Everyone knows that bicycle helmets for children are a must, as riding without a helmet puts them at-risk for potentially serious injuries, including traumatic brain injuries or death.

While 21 states have enacted bicycle helmet legislation, according to the American Academy of Pediatrics (AAP), only 11% of children treated for bicycle-related injuries were wearing a bicycle helmet at the time of their accident. This number is startlingly low but requiring that your child wear a helmet may not be enough to keep them safe.

Defective bicycle helmets are as dangerous as not wearing any helmet at all. Any bicycle helmet that your child wears should be compliant with federal safety standards as studies show that 85% of injuries and 57% of fatalities in a bicycle accident can be prevented by using a proper helmet. 

If your child has been injured in an accident, contact 844 See Mike for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, 844 See Mike is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice. 

How to Select a Proper Bicycle Helmet

Because helmets are the most important piece of equipment a child will use while riding their bicycle, purchasing a safe helmet is the most important decision a parent will make. Parents sometimes erroneously believe that any helmet will be fine, but that is not the case. If you are planning on purchasing a bicycle helmet for your child, consider the following:

  • Always look for the logo by the Consumer Product Safety Commission (CPSC) on any helmet you consider purchasing. This sticker ensures that the helmet meets the strict safety requirements that the CPSC has set forth to keep children safe.
  • Bring your child with you to purchase a helmet. They should try it on to ensure that it fits snugly and comfortably.
  • If a bicycle helmet is involved in an accident, it should be thrown away and not reused. Any helmet that has signs of damage should also be replaced. 

Even with the best precautions, a helmet that is defective or poorly designed can still be dangerous.

Legal Liability for Defective Bicycle Helmets

Bicycle helmet designers, manufacturers, and distributors that provide a defective product could be held liable for the injuries their product caused if it can be proven that the helmet caused a child’s injuries under the law of product liability. 

To pursue a claim against any party within the chain of distribution in a product liability case, three elements must be proven by a preponderance of the evidence. These three elements will often require the testimony of experts and are as follows:

  • Proof of defect-The CPSC will recall helmets that display defects. The types of defects that may affect the effectiveness of a bicycle helmet include:
    • Faulty strap rivets;
    • Chin straps that come off during an accident;
    • Failure to meet standards for impact protection;
    • Poorly designed/manufactured shell;
    • Poorly designed/manufactured lining and padding;
    • Failure to include proper usage instructions;
    • Failure to warn of dangers.
  • Proof of causation-A plaintiff is tasked with proving that the defective bicycle helmet was the cause of the injuries that were sustained. This is one of the most difficult elements to prove in a product liability case and often requires the testimony of one or more experts.
  • Proof of injuries and damages-A plaintiff must show that there legally compensable injuries sustained due to the defective bicycle helmet. Often this does not include minor issues such as an emotionally negative experience, instead requiring physical injuries to have occurred.

Product liability cases can be extremely complex. The lawyers at 844 See Mike LLC are experienced in personal injury cases, as well as product liability law.

We at 844 See Mike are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services.

We see you as a person, not just a client – and that makes us better at work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at 844 See Mike, we put People, First.

Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google.  Call 888-572-0176, e-mail us at michael@agrusslawfirm.com, or schedule a meeting with us here. We’re here 24/7. 

 

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