Earlier this year, a state judge approved a settlement between a motorcyclist and the person he claimed was responsible for the accident that left him seriously and permanently injured. However, the motorcyclist’s claim against the manufacturer of the helmet that he alleges failed to protect him has not yet been resolved.
Potential Parties in a Motorcycle Accident Case
While it is commonly held knowledge that a person who negligently causes a serious motorcycle accident may be held financially liable by the injured victim of the accident, that is not necessarily where liability ends. Manufacturers of motorcycle helmets represent that their product can help save lives and reduce the impact to a motorcyclist’s head in the event of an accident. When a motorcycle helmet is flawed and does not do its job, the manufacturer may be held liable under a products liability theory.
The general principle underlying products liability claims is that a manufacturer should be held accountable for what they represent to the public. There are several different product liability claims available, depending on the specific circumstances of the case. They include defective design, manufacturing defect, and breach of warranty claims. Each claim is slightly different and requires a plaintiff prove different elements in order to be successful.
The Motorcyclist Sues Both Motorist Responsible for the Accident and the Helmet Manufacturer
The case mentioned above arose from a serious motorcycle accident that took place back in 2012 in Honolulu, Hawaii. Evidently, the driver of a Smart car struck the motorcyclist, knocking him off the bike. When the motorcyclist struck the ground, his helmet cracked and separated. As a result, the man was seriously injured. In fact, he was injured to such an extent that the judge hearing his case against the driver and helmet manufacturer felt it necessary to appoint the man a representative because his condition prevented him from making his own decisions.
According to one local news source, the motorcyclist recently decided to settle his case against the allegedly negligent motorist for $1.3 million. However, this will not affect his ability to pursue compensation from the helmet manufacturer. That case, however, is still pending, and a result is not expected for some time.
Have You Been Injured in a Maryland Motorcycle Accident?
If you or a loved one has recently been involved in a serious Maryland motorcycle accident, you may be entitled to monetary compensation from several potentially responsible parties. To help you sort out the potentially liable parties, and to discuss your case at length, contact a dedicated Maryland personal injury attorney at the Maryland-based law firm of Lebowitz & Mzhen Personal Injury Lawyers. The skilled advocates at Lebowitz & Mzhen have ample experience in all areas of Maryland personal injury law and can help you navigate this daunting and complex area of the law. Call 410-654-3600 today to set up your free consultation with an attorney today.
More Blog Posts:
A Motorcyclist’s Liability to His Passenger, Maryland Motorcycle Accident Lawyer Blog, published December 11, 2015.
Bicyclist Struck by Drunk Driver Emphasizes Driver Education to Avoid Future Accidents, Maryland Motorcycle Accident Lawyer Blog, published November 5, 2015.