Motorcyclists often suffer road rash in an accident when their skin makes continued contact with the pavement or gravel. In severe cases, skin graft surgery may be necessary, and there is also a risk of infection. When another party is responsible, you have the right to seek compensation for motorcycle road rash injury.
Table of Contents
How To Recover Compensation for a Motorcycle Road Rash Injury
Drivers and motorcyclists are required by law to carry liability insurance. Therefore, if you suffer a road rash injury in a motorcycle accident caused by another party, you can file an insurance claim directly with their insurer. However, their insurer has the discretion to accept or deny the claim.
Alternatively, you can file a claim with your own insurance company if you carry collision coverage but you will be responsible for your deductible. Your insurer will then attempt to recover compensation for the benefits they pay on your claim by pursuing a subrogation claim against the at-fault party’s insurance company. If they are successful, you may receive reimbursement for your deductible.
Your last option is to file a personal injury lawsuit. This is typically the last resort if the at-fault party’s insurer is disputing liability and unwilling to settle for fair compensation.
Types of Compensation Available
You may have the right to recover the following types of compensation:
Medical Expenses: Current and future medical bills to treat your road rash injury.
Lost Income: Current and future lost wages while you recover.
Pain and Suffering: Compensation for the physical pain and suffering you have had to endure.
Emotional Distress: If you have experienced psychological suffering due to your road rash injury and/or the accident (e.g., depression, anxiety, insomnia, PTSD, etc.)
Scarring and Disfigurement: A severe road rash injury can affect appearance by causing scarring and disfigurement. As a result, it can have a heavy emotional impact, which must be taken into account when recovering compensation.
The amount of compensation you are entitled to for your road rash injury claim will depend on various factors, such as the severity of your injury, the extent of financial losses, and whether you were partially to blame.
In Texas, each party is assigned a percentage of fault that will directly impact how much compensation can be recovered. This law is known as modified comparative negligence. For example, if you are awarded $100,000 but found 30% at fault for your road rash injury, you will receive 70% of your award or $70,000. However, if you are over 50% at fault for the accident, you cannot recover any compensation.
Degrees of Road Rash
Similar to burn injuries, road rash can vary by degrees.
First-degree road rash injuries consist of minor scrapes, bruising, slight bleeding, and tenderness. The top layer of skin is damaged, but there is little chance of scarring. These types of injuries can typically be treated at home.
Second-degree road rash damages lower layers of skin, causing bleeding, swelling, and muscles, tendons or nerves may be exposed. These types of injuries result in extensive pain, and there will likely be scarring. Wounds should be kept clean and require medical attention right away.
Third degree is the most severe, as a motorcyclist can lose significant portions of their skin and experience swelling and bleeding. The wounds can be deep and may appear shiny or milky, and muscles, tendons, nerves, and bone are often exposed. A motorcyclist may experience extreme pain or none at all with third-degree road rash, depending on if there is nerve damage. Immediate medical care is necessary, and riders will likely have scarring and disfigurement.
An Attorney Can Help
If you or someone you love has suffered a severe road rash injury, arrange a free consultation with a Houston motorcycle accident lawyer. We can help you recover the compensation you deserve.