Can a Lawyer Help After Suffering Road Rash in a Motorcycle Accident?

Road rash is a type of skin abrasion resulting from friction with a rough surface, commonly occurring during motorcycle accidents or falls. The term describes the painful consequences of skin sliding along pavement or road surfaces, often resulting in severe abrasions, cuts, and bruises. The severity of road rash varies, ranging from minor skin irritation to more severe wounds that may require medical attention or even surgical procedures to correct.

When an individual slides or tumbles on the road, the outer layers of their skin may become scraped, exposing the underlying tissue and often causing a lot of bleeding; gravel, asphalt, and other coarse materials on the road can make the injury worse; often leading to dirt and debris embedding in the wounds.

Proper treatment of road rash injuries involves cleaning the affected area thoroughly to prevent infection, applying antiseptic ointments, and properly dressing the wounds. In more serious cases of road rash, stitches may be necessary to bring about proper healing.

If you or a person you love suffered road rash or some other serious injury in a motorcycle accident caused by a negligent driver, you should speak with experienced legal counsel near you immediately. A knowledgeable motorcycle accident lawyer can promptly begin an investigation into your accident and obtain the documents necessary to prove the legal elements of your claim or lawsuit. Your lawyer can also handle all settlement negotiations with the insurance company and pursue the maximum compensation you need for your injuries.

GET YOUR FREE CONSULTATION NOW!

Motorcycle Accidents that May Cause Road Rash Injuries

Suffering Road Rash in a Motorcycle Accident

Motorcycle accidents resulting in road rash injuries can occur in various scenarios, each with its own set of contributing factors. Some of the most common types of motorcycle accidents that may lead to road rash injuries include:

  • T-bone accidents – These types of accidents occur when another vehicle strikes a motorcycle on the side, often at a four-way traffic intersection. The force of a T-bone collision can throw the motorcycle rider onto the road, resulting in road rash injuries as they skid or roll.
  • Rear-end collisions – If another vehicle strikes a motorcycle from behind, the force may propel the rider forward, causing them to make contact with the road surface. This can lead to road rash injuries, especially if the cyclist is not wearing protective gear.
  • Lane-change accidents – When another driver abruptly changes lanes near a motorcycle – or switches lanes in busy traffic without using a turn signal – they may negligently bring about a collision with a motorcycle in which the cyclist falls off their bike and slides on the road.
  • Head-on accidents – A head-on motorcycle accident occurs when the front of another vehicle strikes the front of an oncoming motorcycle, usually because the at-fault driver is intoxicated or distracted. These types of collisions may dislodge the motorcyclist from their bike and bring about road rash and other serious injuries.
  • Sideswipe accidents – These types of accidents happen when the side of another vehicle (usually travelling in an adjacent lane) strikes the side of a motorcyclist, often causing the cyclist to fall off their bike and suffer road rash injuries.

If you suffered road rash or other serious injuries in one of these types of motorcycle crashes, an experienced personal injury lawyer can help with your case. Your lawyer can thoroughly investigate your accident’s circumstances and file a personal injury claim with the insurance company on your behalf.

How do Motorcycle Accidents Usually Happen?

Motorcycle accidents can result from a combination of factors, but negligent driving by others almost always plays a part. Some of the most common causes of local motorcycle accidents include:

  • Driver distraction and inattention to the road – Many motorcycle accidents occur when other drivers fail to notice motorcycles in traffic. Inattentiveness, distracted driving, or simply not checking blind spots can lead to collisions with motorcycles.
  • Failing to use turn signals at the proper times – When other drivers fail to execute turn signals at the appropriate times (i.e. such as before making a turn or switching travel lanes) or violate other standard traffic laws, they may catch a motorcyclist off guard, bringing about a serious accident.
  • Speeding – When other drivers exceed the posted speed limit, they may be unable to react appropriately to emergency situations that arise on the road, bringing about a collision with a nearby cyclist.
  • Intoxicated driving – When other people drive while they are under the influence of alcohol or drugs, they may be unable to stop their vehicle in time to avoid a motorcycle accident. Drunk and drugged driving commonly leads to various physical and mental symptoms which create hazards for drivers and cyclists, including lack of muscular coordination, delayed reflexes and reaction time, blurred vision, and lack of concentration.
  • Motorcycle defects or malfunctions – Mechanical failures or defects in the motorcycle itself can lead to accidents. Issues with brakes, tires, or other critical components can cause sudden loss of control and may result in collisions. In these situations, an injured motorcyclist can file a personal injury claim or lawsuit against a motorcycle part manufacturer or other entity in the product distribution chain.
  • Left-turn collisions – Motorcycle accidents often occur when a car makes a left turn in front of an oncoming motorcycle. Drivers may misjudge the motorcycle’s speed or fail to see it all together, resulting in a collision.
  • Road hazards – Uneven road surfaces (such as near construction zones), potholes, debris, and other hazards pose threats to motorcyclists. A small obstacle that might be inconsequential for larger vehicles can be a serious danger for a motorcycle, potentially leading to loss of control and accidents that lead to road rash injuries.

If you suffered injuries in one of these types of motorcycle accidents, you need to consult with a skilled motorcycle accident lawyer in your area right away. Your lawyer can gather the documents necessary to prove your personal injury claim and aggressively negotiate with insurance company representatives for the fair settlement compensation you deserve.

What are the Elements of a Motorcycle Accident Lawsuit?

A motorcycle accident lawsuit involves several legal elements that help determine liability, compensation, and the overall outcome of the case. While specifics can vary by jurisdiction, several key legal elements are common to most motorcycle accident lawsuits:

  • Duty of care – Establishing the legal duty of care is fundamental. All road users, including other drivers, owe a duty of care to others on the road. This duty involves acting reasonably to prevent harm to others, obeying all traffic laws, and operating motor vehicles safely and responsibly at all times.
  • Breach of the legal duty of care – An injured accident victim must demonstrate that the at-fault driver breached their legal duty of care. This breach may involve showing that the motorist or another party acted negligently, violated one or more traffic laws, or failed to exercise reasonable caution, leading to the motorcycle crash.
  • Causation – There must be a direct link between the at-fault driver’s breach of duty and the injury or injuries the motorcyclist sustained. The accident victim needs to establish that the at-fault driver’s actions were a substantial factor in causing the accident and subsequent injuries.
  • Damages – To pursue a successful lawsuit, the injured motorcyclist must have suffered measurable damages. These damages can include property damage, lost income, pain and suffering, and other tangible losses resulting from the accident.
  • Statute of limitations – An injured accident victim must file a motorcycle accident lawsuit within a specified timeframe, known as the statute of limitations. This timeframe varies by jurisdiction and typically begins from the date of the motorcycle accident. Failing to file within this window may prevent the injured accident victim from seeking or recovering legal remedies.

To prove a motorcycle accident claim or lawsuit, a motorcycle accident lawyer near you can introduce evidence and obtain favourable witness testimony in your case. Eyewitness accounts, expert testimonies, accident reconstructions, and tangible evidence (such as photos or video footage) play crucial roles in establishing the sequence of events and determining fault and monetary damages in the case.

Many motorcycle accident cases reach a resolution through negotiations and settlements. Lawyers for both parties engage in discussions to reach an agreement, avoiding a full trial. Settlements often provide a quicker resolution and allow the injured accident victim to receive compensation without the uncertainty of a court decision.

If you suffered road rash or other injuries in a recent motorcycle accident, you need to involve a motorcycle accident lawyer in your case right away. Your lawyer can secure the evidence necessary to satisfy your legal burden of proof and can aggressively represent you during all settlement negotiations and legal proceedings that occur in your case.

Recovering Financial Compensation for a Road Rash Injury

Recovering Financial Compensation for a Road Rash Injury

When a motorcyclist sustains road rash injuries in an accident, various types of financial compensation may be available to address the physical, emotional, and financial toll of the incident. The specific compensation that the injured motorcyclist receives will depend upon various factors, such as the severity of their injuries, the effects on the individual’s life and well-being, and the circumstances surrounding the accident. Some of the most common types of monetary compensation that an injured motorcyclist may recover for road rash and other related injuries include:

  • Lost income and loss of future income – If road rash injuries result in the accident victim being unable to work, they may seek compensation for lost income. Additionally, if the injuries have long-term effects on the accident victim’s earning capacity, future lost earnings may be recoverable as part of the personal injury claim or lawsuit.
  • Emotional distress – Beyond physical injuries, motorcycle accidents can cause emotional trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD). Injured accident victims may seek monetary compensation to address the psychological effects of their accident.
  • Pain and suffering – Road rash injuries can be painful and may have long-lasting effects. Compensation for pain and suffering aims to address the physical and emotional distress that the accident victim experiences. Determining the appropriate amount of recoverable pain and suffering damages often involves complex calculations and subjective considerations.
  • Loss of consortium – In cases where road rash injuries affect the accident victim’s relationships with their spouse or family, compensation for loss of consortium may be available. These damages compensate for the negative effects on the quality of the accident victim’s relationships.
  • Property damage – Motorcycle accidents often involve damage to the rider’s bike and other personal property. Compensation can cover the cost of repairs or the fair market value of the motorcycle if it is a total loss.
  • Assistive devices and home modifications – If an accident victim’s road rash injuries result in long-term or permanent disabilities, they may recover the expenses associated with home modifications to accommodate their needs.

In situations where the at-fault driver’s actions were particularly egregious or reckless, punitive damages may be available to deter similar behaviour in the future. These damages go beyond compensating the accident victim and are necessary to punish the at-fault party.

A skilled motorcycle accident lawyer in your area can assess the specifics of your personal injury case, advocate for the maximum compensation available, and guide you through the complexities of the legal process, including settlement negotiations and litigation.

Talk with an Experienced Motorcycle Accident Lawyer Today

Michael Hoosein, Attorney for Motorcycle Accident
Michael Hoosein, Motorcycle Accident Lawyer

If you suffered road rash or other serious injuries in a motorcycle accident, you need to consult with knowledgeable personal injury attorney about your case right away. Your lawyer will take all of the necessary steps to pursue the monetary compensation you deserve so that you may become whole again after your accident.

Those steps may include investigating the circumstances of your accident, filing a personal injury claim with the at-fault party’s insurance company, or, if necessary, filing a lawsuit in the court system and litigating your case to a resolution.

One of the most beneficial aspects of involving a lawyer in your case is that you get the peace of mind of knowing you’ve given yourself the best chance of receiving the compensation you deserve while you focus on recovering from your injuries.

Don’t wait to get the peace of mind and compensation you need today.

RELEVANT posts

What to do if a Car Hits You From Behind

Rear-end car accidents where another driver is negligent can lead to severe injuries, including soft tissue contusions, broken bones, and head…

Who Pays for Rear-end Collisions?

In a rear-end accident scenario, the rear driver is usually at fault. If you suffered injuries when someone hit you from…

Where do Bike Accidents Happen in Edmonton?

Bicycle accidents in Edmonton can occur anywhere bicycles and motor vehicles are present simultaneously. Because cyclists have very little protection in…

1 2 3 87

Comments & discussion