Any type of traffic accident has the potential to result in a wide range of physical injuries, from minor scrapes and bruises to catastrophic injuries or death. Motorcycle accidents, however, carry a much higher risk of individuals suffering life-altering injuries. One of the more common types of injuries that occur in motorcycle accidents is road rash. Though it may be easy for some people to discount road rash as a relatively minor injury, it can be surprisingly severe, with the potential to cause long-term or permanent physical damage.
If you have been in a motorcycle accident and suffered a road rash injury, you may have questions about the legality of filing a personal injury claim to seek compensation for your road rash injuries. As with any type of injury suffered in an accident, consulting with an experienced attorney is always your best option. By working with a knowledgeable motorcycle accident attorney, you can receive a reliable assessment of your case, learn more about the legal options available, and start building a solid case to give you the best chance of reaching a favorable outcome.
Brief Overview of Motorcycle Accident Injuries
The unprotected nature of riding a motorcycle lends itself to a greater risk of suffering injury in the event of an accident. Though there is a certain amount of injury risk inherent with any type of vehicle in an accident, motorcycle operators often have nothing standing between them and the road when an accident occurs. Some of the more common injuries suffered by motorcycle riders include:
- Road Rash
- Fractures
- Soft Tissue Injuries
- Internal Bleeding
- Head Injuries
- Spinal Cord Injuries
Though road rash may be on the less severe end of the spectrum of potential motorcycle accident injuries, this does not eliminate the impact it can have on the health and well-being of the victim. When an individual suffers road rash injuries in a motorcycle accident, what legal options are available? Can a personal injury claim be filed for road rash injuries? How can an attorney help in an incident that results in road rash? Answering these questions is important as you consider your best path forward.
Understanding Road Rash
Road rash is a term used to describe the minor to severe skin abrasions individuals suffer when the skin comes into contact with the rough surface of a roadway at high speed. This type of injury is common in motorcycle accidents when a rider falls off of the vehicle and slides along the pavement.
The severity of a road rash injury can range from relatively minor abrasion to significant wounds involving damage to deeper layers of skin or loss of tissue. Depending on the severity level, caregivers will prescribe different types of medical treatment.
Road Rash in Motorcycle Accidents
Road rash is common in motorcycle accidents because a high percentage of motorcycle accidents involve riders being knocked from their vehicles and sliding on the road. These types of injuries can occur due to many factors, including excessive speed, lack of protective gear, or hazardous road conditions.
Severity & Potential Long-Term Effects of Road Rash
Superficial skin abrasions are minor and can lead to a quick and full recovery, but more significant cases of road rash may result in serious wounds that require surgical intervention. In cases of severe road rash, there is potential for long-term damage due to scarring, disfigurement, loss of nerve function, and emotional trauma. Recognizing the potential for such long-lasting effects emphasizes the need to consult with an experienced motorcycle accident attorney to determine the best course of action to move forward and explore the possibility of taking legal action to pursue compensation for the harm suffered by the victim.
Legal Implications of Motorcycle Accidents
As with any type of legal action, layers of complexity are involved that require a trained professional’s guidance. As you consider the possibility of pursuing a personal injury claim for your road rash case, having a basic understanding of motorcycle accident cases can be beneficial.
Motorcycle Accident Liability
As with any type of traffic accident, questions are immediately raised regarding liability in motorcycle accidents. Liability can potentially rest on another driver, a third party, or even other parties you might not imagine. Consulting with your lawyer about liability is critical to laying a foundation for your road rash injury claim and identifying the primary party against whom you should focus your legal action.
The Importance of Determining Fault
Determining fault is a crucial aspect of the legal process in any accident, including the motorcycle accident that resulted in your road rash injuries. This process involves assessing the accident to establish which party is at fault for causing the accident. It is important to note that, in some jurisdictions, fault in an accident can be shared by multiple parties, with each party receiving a certain percentage of the blame.
The Role Insurance Companies Play in Injury Compensation
Insurance providers become key players when the time comes to compensate victims who have suffered harm in accidents. In many cases, the at-fault party’s insurance company will work to negotiate a settlement for your road rash injuries, including medical costs, lost income, property damage, and other losses incurred. Navigating the complicated landscape of dealing with insurance companies requires a skilled advocate, and having an attorney familiar with insurance laws, regulations, and policy limitations is a benefit.
How a Lawyer Can Help After Suffering Road Rash
Hiring a lawyer with extensive experience in motorcycle accident cases can provide you with the assistance you need when it comes to evaluating the strength of your case, gathering evidence, and initiating legal action. Choosing an experienced motorcycle accident attorney is one of the first steps you should take following your accident as you take quick action to start the process of seeking the financial compensation you deserve.
Immediate Steps to Take After a Motorcycle Accident
In the immediate aftermath of your motorcycle accident, knowing what to do and getting it done promptly can have a significant impact on your case. After you have made sure everyone involved in the accident is out of harm’s way and received a complete medical examination to address any apparent or potential injuries, collecting evidence at the scene, notifying insurance companies, and contacting a motorcycle accident lawyer are the most critical tasks to complete.
Gathering Evidence in a Road Rash Injury Claim
You, or better yet, your lawyer, should collect all potentially relevant evidence as soon as possible. This valuable evidence can include accident reports compiled by law enforcement, medical records and documentation of treatment, witness statements, contact information for all involved parties, and any photographic or video evidence from the scene of the accident. Securing and documenting all evidence promptly can strengthen your case and improve your chances of obtaining a favorable outcome.
Negotiating with Insurance Companies
Communicating with insurance companies can be complex and frustrating. Insurance adjusters and other representatives from insurers are often highly trained and experienced in negotiating outcomes that favor the insurance companies. Your lawyer will act as your official representative and advocate, handling all communication and negotiation with insurance companies to ensure your rights are protected and pursue a resolution that serves your best interests.
Proving Negligence in Road Rash Cases
To have a successful personal injury claim in your road rash case, you and your lawyer must work to establish negligence on the part of the individual (s) you claim to be responsible for the accident that caused your injuries. Negligence is a fundamental concept in personal injury law, and your attorney should be well-versed in the process of establishing it.
Establishing Negligence
To establish liability in a road rash injury case, you and your lawyer must follow the basic roadmap of proving negligence. The key elements of showing negligence include proving:
- The defendant owed you a duty of care
- The defendant’s negligent actions resulted in a breach of this duty of care
- The breach resulted in your road rash injuries
- Your road rash injuries caused you demonstrable financial harm
Your attorney’s strategy to establish negligence on the part of the defendant may include:
- Demonstrating actions like reckless driving.
- Speeding.
- Failure to stop or yield right of way.
- Violating other laws.
Collecting Evidence & Utilizing Expert Testimony
As part of your case, your lawyer will employ various strategies to gather additional evidence wherever available. In addition to more traditional forms of evidence (witness statements, accident reports, etc.), your attorney may seek to create reports based on a reconstruction of the accident, traffic camera video footage, and other elements that may not be easy for you to obtain or review on your own. Your lawyer will also have experience in utilizing expert witness testimony when necessary to add credibility to your case.
Potential Damages & Compensation
If your road rash injury case is successful, you will receive financial compensation for the damages you have suffered. It is important to familiarize yourself with the different types of damages allowed under the law and understand how they may apply to your unique road rash motorcycle accident case.
Types of Damages
In personal injury cases, there are different classifications for damages, depending on what type of harm suffered and the compensation offered as a result. We can categorize these types of damages into the following categories:
- Economic Damages — Medical bills, property damage, lost income
- Non-Economic Damages — Mental anguish, pain and suffering, emotional harm
- Punitive Damages — Penalties imposed to further punish the responsible party
Your attorney can evaluate and identify the different types of harm you have suffered due to your road rash and create a comprehensive approach to helping you seek the kinds of compensation you need.
Timelines & Statute of Limitations
Another crucial aspect to consider on the legal side of a road rash injury claim involves the statute of limitations. A statute of limitations is a deadline applied to different types of legal action. Though statutes of limitations vary from one jurisdiction to another, you should consult with your attorney to be fully aware of the deadline that applies to taking legal action in your case.
The Importance of Filing a Claim Quickly
Filing your claim quickly will not only avoid letting the statute of limitations lapse but also give you the best chance of building a solid case. Taking swift action decreases the risk of critical evidence or witness testimony disappearing, keeps your case strong, and gives you a better opportunity to seek the outcome you want.
Consequences of Missing the Deadline
Failure to take action to file before the statute of limitations expires will leave you without an opportunity to pursue compensation for the harm you have suffered due to your road rash injuries.
Trust an Experienced Motorcycle Accident Lawyer for Help
In the aftermath of a motorcycle accident, there is a high probability that you are looking for help with a variety of things, from damage to your motorcycle to potentially serious or life-altering injuries you suffered in the crash. You don’t have to face these challenges on your own. With the help of a skilled personal injury lawyer, you can take the appropriate steps toward pursuing financial compensation. Road rash is a very real and painful injury that has the potential to cause long-term damage. Seeking help to explore your legal options is essential.
When you reach out to an experienced motorcycle accident lawyer, you can feel confident that they will protect your rights and prioritize your best interests, and your opportunity to seek compensation for your injuries is in strong and capable hands. If you or a loved one suffered road rash injuries in a motorcycle accident, you have the right to take legal action to hold the responsible party accountable and pursue damages that you can use to pay your medical bills, cover for lost income if you are unable to work, and repair damage to your property. Don’t wait to start the process of seeking the financial relief you need. Contact a knowledgeable motorcycle accident attorney today to get started.
