Q: How do I go about recovering damages after a road rash motorcycle accident?

 

To recover damages after a road rash motorcycle accident, bikers can file personal injury claims against the other driver. Incredibly vulnerable in an accident, motorcyclists are at risk for a slew of injuries. Road rash is one of the most common types of motorcycle accident injuries.

What is road rash?

Road rash is a type of skin burn that’s caused as a result of friction. When a motorcyclist falls or is knocked off his or her bike, any exposed skin may slide along the surface of the road, resulting in a friction burn, or road rash.

While the burns may sound less severe than traditional thermal burns, the treatment of both is very similar, as may be the extent of damages. This is due to the fact the road rash burns are usually a combination of abrasion and heat injuries.

Treating Road Rash Injuries

Road rash injuries, depending upon severity, may require the same treatment as would a traditional thermal burn. When road rash injuries are especially serious, the affected area may require surgical debridement—an incredibly painful process where the dead and damaged skin is removed. In the worst of cases, skin grafts may be necessary.

Road rash injuries, when less severe, may be treated at home and will heal without any long-term repercussions. Other times, a road rash injury can cause permanent scarring or disfigurement.

What damages are recoverable for a road rash injury?

A motorcyclist who has sustained a road rash injury is entitled to compensation. While Florida enacts a no-fault car insurance system, this system does not apply to riders. As such, an injured rider has the right to file a lawsuit for damages after an accident.

  • Types of damages that may be recovered in a personal injury action include the following.
  • Medical expenses for treatment of road rash (and all other) injuries
  • Lost wages or future lost wages
  • Pain and suffering

Proving Fault

To recover damages for a road rash injury, you will have to prove the fault of another party. This party is usually the other driver who was directly involved in the crash. Proving fault requires gathering evidence that the other driver was doing something irresponsible at the time of the accident, and that the irresponsible action was the direct cause of the accident and your injuries.

How to File a Claim to Recover Damages

If you’ve been in a motorcycle accident in the state of Florida and need to recover damages to help pay for road rash or other injuries, you have four years after the date of your accident occurs to do so, according to the 2015 Florida Statutes Section 95.11. To help you file your claim promptly, prove negligence and damages, and get your full compensation amount, call the Orlando motorcycle accident attorneys at The Francis Law Group. You can reach us today at 888-327-2745