Road Rash Injury Compensation After a Motorcycle Accident

You know what road rash is if you ride. We ride, too. But for the purposes of this post, we have to treat the matter in a somewhat distant and objective manner. Know this, though, that we’ve had to lay it down and we understand what that means. With that said, let’s go over the subject from a legal point of view.

Road rash is a common injury in motorcycle accidents, where riders come into direct contact with the road surface upon being ejected from their bikes. Unlike occupants of enclosed vehicles, motorcyclists lack the protective barrier of four walls, leaving their skin vulnerable to impact and friction with the ground. Consequently, they often experience considerable pain and face a risk of infection due to wounds, abrasions, and burns. The severity of these injuries can vary significantly.

Types of Road Rashes

From a legal standpoint, road rashes can be categorized into two distinct types, each with its own characteristics:

Avulsion injury

This is the most prevalent form of road rash, occurring when the skin surface is scraped or forcefully stripped away due to friction. The severity of avulsion injuries can vary, ranging from superficial lacerations to more severe cases where underlying layers of fat, muscle, or even bone are exposed in the wound.

Compression injury

This type of injury occurs when body parts become trapped or crushed between two objects. Areas such as the torso and extremities like the arms or legs are particularly susceptible to compression injuries.

The degree of injury sustained in road rashes can be influenced by various factors, including:

• The initial speed when the incident occurs.
• The speed at which the rider’s skin comes into contact with the road surface.
• The type (such as asphalt), texture, and hardness of the contact surface.
• The distance traveled during the slide.
• Protective gear such as helmets and abrasion-resistant clothing.
• Weather conditions and seasonal changes.

Degrees of Road Rash

Like burns, treatment for road rash has three degrees of severity.

First-degree road rash

These are superficial cuts and abrasions on the skin’s surface. Although these wounds are painful, they typically do not necessitate medical intervention beyond basic first aid.

Second-degree road rash

This degree indicates a more serious condition where the road rash penetrates into the skin. Second-degree road rash requires more extensive medical attention and care.

Third-degree road rash

This is the most severe type, involving deep penetration into the skin, potentially exposing subcutaneous fat and muscle, and increasing the risk of infection. Third-degree road rash can be life-threatening and often requires surgical interventions or skin grafts.

It’s important to note that road rash, regardless of the degree, causes physical pain and can also have a significant impact on the mental and emotional well-being of the victims. Depending on the extent and location of the injury, scarring, multiple surgeries, lengthy recovery periods, and rehabilitation may be necessary.

In addition, road rash victims are susceptible to infections, require expensive long-term care, and could even necessitate reconstructive surgeries.

Compensation for Road Rash Injuries

Determining the monetary compensation for motorcycle crash injuries is not based on a standard or average amount due to the interplay of various factors. These factors collectively influence whether the value of a claim falls within a range of a few thousand dollars or extends to a couple of million.

Individuals who suffer from road rash have the potential to seek compensation by filing a personal injury claim. This compensation may cover a range of damages, including medical expenses, lost wages, pain and suffering, and mental anguish. It is important for the responsible party in the accident to be held liable for the damages they have caused.

Lost Wages

If your injury is severe enough to prevent you from returning to your regular job, you may have the opportunity to seek compensation for lost earning capacity. This form of compensation encompasses the wages you would have earned from your occupation had you not sustained the injury in the accident.

In the case of permanent disability resulting from the accident, you may be entitled to compensation that covers vocational training for a new position that aligns with your capabilities, if you are unable to perform your previous job. This compensation aims to assist you in acquiring the necessary skills and training to pursue an alternative occupation given your limitations.

Disfigurement and Scarring

Road rash injuries, particularly at the third-degree level, have the potential to result in lasting scarring and disfigurement.

The extent of compensation awarded to the victim is often influenced by factors such as the severity of the injury, the location of the scarring or disfigurement, and how it will affect their quality of life.

Pain and Suffering

Certain instances of road rash can result in substantial pain that hinders the ability to lead a regular and functional life.

If you have faced significant limitations as a consequence of a road rash injury from a motorcycle accident, you might be eligible to receive compensation for the pain and suffering you have endured.

To obtain compensation for pain and suffering, it is necessary to initiate a personal injury lawsuit against the party responsible for the accident. When determining the potential amount of compensation, your attorney will take into account the level of pain, discomfort, physical limitations, and emotional distress you have endured following the accident.

If you or someone you know has suffered road rash injuries in a motorcycle accident, it is advisable to consult with a motorcycle accident attorney to understand your legal rights and options.

Reach out to us today

If you have experienced road rash injuries as a result of a motorcycle accident that was not your fault, you may have the right to seek compensation for the damages you have endured.

At Hamparyan Personal Injury Lawyers, we are dedicated to advocating for your rights and working tirelessly to secure the compensation you deserve. Arrange your free consultation by calling us at (619) 550-1355.