An Alton man is suing after he says he suffered a traumatic brain injury in a motorcycle accident because of the helmet he was wearing at the time of the crash.
Joseph Richards filed the lawsuit Aug. 17 in Madison County Court. In it, he names Daytona Helmets, the maker of the helmet, and Freaky Nicky’s Custom Cycle Shop as defendants.
The lawsuit states the two entities should be held responsible for failing to label the helmet as not suitable for highway use and failing to “manufacture the helmet to sustain reasonable and expected forces.”
Both Freaky Nicky’s and Daytona Helmets did not respond for comment on the lawsuit.
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Richards was in an accident Sept. 24, 2016 when his motorcycle collided with a pickup truck on Broadway Street in Alton. According to the suit, Richards suffered head injuries from the accident that should have been protected by the helmet. He says his medical bills from the accident cost him more than $100,000.
His injuries were described as permanent, disfiguring and painful in the lawsuit.
The suit states Richards’ injuries were a direct result of the negligence exhibited by both Daytona Helmets and Freaky Nick’s during the manufacturing and the sale of the helmet.
“A motorcycle helmet must be able to pass different types of tests designed to evaluate its structural integrity and its ability to protect the wearer,” the lawsuit states. “When a helmet does not meet minimum standards the consumer should be warned of the deficiency.”
In the lawsuit, Richards asks for reparations from both Daytona Helmets and the owner of the cycle store, Lee Ann Nicole Wiley.
Richards’ attorney did not respond for comment.