Motorcycle accidents can be catastrophic, often resulting in devastating injuries that forever shatter victims' lives. One of the most common and potentially debilitating injuries suffered in these wrecks is road rash—a deceptively understated term for the excruciating damage that occurs when exposed skin slides across rough pavement at high speeds.
If you've suffered severe road rash in a motorcycle crash caused by someone else's negligence, you may face an agonizing recovery process filled with painful wound treatments, mounting medical debt, extended time off work, and the heartbreaking realization that your injuries may leave you permanently scarred or disabled. Amid such overwhelming challenges, you may wonder where to turn for help and whether you have any legal recourse against the parties who upended your life.
You don't have to face this difficult journey alone. An experienced motorcycle accident lawyer can be a powerful ally in the fight for justice and fair compensation after a serious road rash injury.
In this post, we'll take an in-depth look at the unique medical, financial, and legal challenges that arise in these cases—and explain how a skilled attorney can help you navigate the road to recovery with confidence and peace of mind.
The Dangers of Road Rash
Road rash may not sound as serious as other motorcycle accident injuries like broken bones or head trauma, but it can actually be extremely painful, debilitating, and prone to complications. When bare skin scrapes against rough surfaces like asphalt at high speeds, the top layers get shredded away, creating open wounds that are highly vulnerable to infection. Severe road rash can extend into the deeper layers of skin and even damage muscles, tendons, and bones.
Potential complications of road rash include:
- Infection: Bacteria can easily enter the body through open road rash wounds, leading to dangerous infections like cellulitis or sepsis if not treated promptly with antibiotics. Signs of infection include redness, swelling, increased pain, oozing, and fever.
- Scarring: Deep road rash can destroy multiple skin layers, resulting in permanent scarring after the wounds heal. Scars may be disfiguring and cause ongoing pain, itching, or loss of sensation.
- Nerve damage: Severe road rash can injure nerves near the skin's surface, causing lingering numbness, tingling, burning, or loss of feeling in the affected area. Nerve damage may be permanent in some cases.
- Limited mobility: Road rash in areas like the hands, elbows, knees, or feet can seriously limit a person's range of motion and functioning as the wounds heal, and stiffness or pain may persist long-term due to scar tissue formation.
Treating serious road rash often requires painful procedures like wound debridement (cleaning) and skin grafting surgery. The road to recovery tends to be long and difficult, involving a high risk of complications. Permanent scarring, chronic pain, nerve damage, and impaired mobility can all greatly diminish a motorcycle accident survivor's quality of life.
Should I Accept the First Offer from the Insurance Company After a Motorcycle Accident?
No, you should never accept the first settlement offer from an insurance company after suffering road rash in a motorcycle accident without first consulting an experienced attorney. Here's why:
- Initial offers are often lowball. Insurance companies are for-profit businesses aiming to settle claims as quickly and cheaply as possible. The first offer you receive is likely to be far less than your case is actually worth.
- You may not know the full extent of your damages yet. Severe road rash often requires lengthy treatment and can result in permanent scarring, disfigurement, or disability. In the immediate aftermath of your accident, you may not have a clear picture of your current and future medical needs, lost earning capacity, and other damages. Accepting a premature settlement could leave you stuck paying out of pocket for unanticipated expenses.
- You could be signing away important rights. When you accept a settlement offer, you'll likely be required to sign a release waiving your right to take any further legal action related to the accident. If you later discover that your injuries are more serious than you initially realized, you'll be out of luck.
- You may have grounds for a lawsuit. If the at-fault driver's insurance company refuses to offer a fair settlement, you may need to file a personal injury lawsuit to pursue the compensation you deserve. An experienced road rash injury lawyer can evaluate your case, negotiate aggressively with the insurance adjuster, and advise you of your options for escalating the matter if necessary.
Before accepting any settlement offer, speak with a knowledgeable motorcycle accident attorney who can assess your case and fight for a resolution that fully accounts for all your losses. Your lawyer can handle communications with the insurance company, freeing you to focus on your physical recovery while working to maximize your financial recovery.
Remember, you only get one shot at securing compensation for your road rash injuries and settling too soon could mean walking away with far less than you need and deserve. Schedule a free consultation with a reputable motorcycle accident law firm to discuss the specifics of your case and get trustworthy guidance on your best path forward.
What if I’m Partly to Blame for My Motorcycle Accident?
If you're partly to blame for your motorcycle accident, you may still be able to recover compensation for your road rash injuries, but your financial recovery may be reduced according to your share of fault.
Illinois follows a modified comparative negligence rule in personal injury cases, which means you can recover damages as long as you are not more than 50% at fault for the accident. You are barred from recovering any compensation if you are 51% or more to blame.
If you are 50% or less at fault, you can still recover damages, but your assigned percentage of fault will reduce your award. So, if you are found to be 30% responsible for the crash, you can only recover 70% of your damages.
Insurance companies often try to shift an unfair amount of blame onto injured motorcyclists to reduce or avoid paying claims. They may try to capitalize on negative stereotypes about "reckless" riders or argue that you assumed the risk of injury by choosing a "dangerous" mode of transportation.
That's why it's so important to work with a motorcycle accident lawyer who thoroughly understands the concept of comparative negligence and knows how to fight against victim-blaming tactics. Your attorney can gather and present compelling evidence to support your side of the story and work to minimize any allegations of fault raised by the insurance company.
Even if you think you may be partly to blame for your motorcycle crash, don't admit fault or apologize to the other driver or their insurance company. What you say in the aftermath of the accident can be twisted and used against you later. Instead, contact an experienced road rash injury attorney immediately to discuss your rights and options. Your lawyer can handle communications with the insurance adjuster and work to build the strongest possible case for full and fair compensation.
How a Lawyer Can Help
If a negligent driver or other party caused your road rash injuries, you shouldn't have to pay for their reckless actions. You may be facing expensive medical bills, lost income from missing work, and profound physical and emotional suffering—not to mention a long road to recovery ahead.
An experienced motorcycle accident lawyer can be an invaluable advocate during this challenging time, working tirelessly to hold the at-fault parties accountable and secure the full and fair compensation you deserve.
Here are some key ways a lawyer can help with your road rash injury claim:
1. Gathering evidence to prove liability
To prevail in a motorcycle accident claim, you'll need compelling evidence that the other party caused the crash and, therefore, must pay for your injuries
A skilled attorney can launch an immediate investigation to secure valuable proof like:
- Police accident reports
- Photos/videos from the accident scene
- Witness statements
- Traffic camera or surveillance footage, if available
- Cell phone records if distracted driving is suspected
- Blood test results if drunk driving is suspected
- Vehicle damage reports
- Accident reconstruction analysis
Your lawyer can also gather your medical records and work with expert witnesses to demonstrate the severity of your road rash injuries and the impacts on your health, mobility, and quality of life. The more evidence you have to support your claim, the stronger your chances of obtaining a favorable settlement or jury verdict.
2. Dealing with the insurance companies
Attempting to navigate the motorcycle accident claim process on your own can be a nightmare, especially when you're trying to focus on your physical recovery. Insurance adjusters are trained to settle claims as cheaply as possible, and they may take advantage of unrepresented claimants by making lowball offers or using tactics to weaken their case.
An experienced motorcycle accident lawyer knows how to deal with the insurance company and advocate forcefully for your interests.
Your attorney can handle all communications and negotiations with the adjuster on your behalf, working to build the strongest possible case for full and fair compensation. If the insurance company refuses to offer an appropriate settlement, your lawyer can escalate the matter by filing a lawsuit and taking them to court.
3. Calculating your damages
One of the most challenging aspects of a motorcycle accident claim is figuring out how much your case is truly worth. It's not just a matter of adding up your current medical bills and lost wages—you also need to factor in your future anticipated losses and non-economic damages like pain and suffering.
Severe road rash injuries often require long-term treatment, result in permanent scarring/disfigurement, and may lead to chronic pain or disability.
A knowledgeable lawyer can work with medical and financial experts to develop an accurate picture of your current and projected losses, including:
- Emergency medical treatment and transportation costs
- Hospital bills and surgical costs
- Costs of medications, wound care supplies, and assistive devices
- Rehabilitation and therapy expenses
- Reconstructive surgery costs
- Lost wages to date
- Loss of future earning potential if your injuries result in impairment
- Pain and suffering
- Mental anguish and emotional distress
- Loss of enjoyment of life
- Loss of consortium (intimate relationship damages)
- Scarring and disfigurement
Having a skilled attorney in your corner can help ensure all your losses are accounted for so you don't settle for less than you deserve. Your lawyer can also advise you on steps to take (and missteps to avoid) to protect the value of your claim as your case unfolds.
4. Providing peace of mind and personal attention
Dealing with severe road rash after a motorcycle wreck is stressful enough without the added pressure of legal issues. Hiring a compassionate lawyer allows you to focus on healing while your attorney handles the heavy lifting of your injury claim. Knowing you have a dedicated legal advocate can provide tremendous peace of mind during a difficult time.
A compassionate motorcycle accident lawyer will give your case the personalized attention it deserves rather than treating you as just another file number. Your attorney should take the time to thoroughly understand your story, address all your questions and concerns, and keep you updated at every stage of the legal process.
At the end of the day, you should feel confident that your lawyer is working tirelessly to achieve the best possible outcome for you and your family.
Choosing the Right Lawyer for Your Road Rash Injury Claim
Not all personal injury lawyers can handle the complexities of motorcycle accident claims involving severe road rash. These cases require legal knowledge, extensive resources, and a proven track record of success.
When selecting a motorcycle accident attorney to handle your road rash injury claim, look for the following qualities:
- Specific experience handling motorcycle accident claims involving road rash and other serious injuries
- Strong understanding of the unique medical challenges and long-term impacts of road rash
- Extensive familiarity with the tactics used by insurance companies in motorcycle accident cases
- Willingness to advance litigation costs and take your case to trial if needed
- Positive client testimonials and peer reviews
- Personalized attention and responsive communication
- Contingency fee representation (no fees unless they win money for you)
Suffering severe road rash in a motorcycle accident can be a traumatic, life-altering experience. If someone else's negligence caused your injuries, you can hold them accountable and fight for the compensation you need to rebuild your life. An experienced motorcycle accident lawyer can be your strongest ally during this challenging time, working tirelessly to protect your rights and secure a just resolution.
Contact a Motorcycle Accident Lawyer from Abels & Annes, P.C. Today
If you or a loved one has suffered road rash or other serious injuries in a motorcycle wreck caused by a negligent driver, don't hesitate to contact the dedicated personal injury attorneys at Abels & Annes, P.C. for a free consultation.
We have a proven track record of success in complex motorcycle accident claims, and we're here to help you navigate the legal process with confidence and peace of mind. Call us today at (312) 924-7575 or through our online form to discuss your case with a knowledgeable road rash injury lawyer.
Gary Annes
Partner
Personal Injury Lawyer With Over Twenty Years Of Experience
Gary Annes, a partner at Abels & Annes, P.C., has dedicated over two decades to practicing personal injury law, specializing in auto accidents, premises liability, wrongful death, medical malpractice, and sexual abuse. Since earning his law degree in 1995, Gary has led numerous jury trials, and adeptly resolved cases through arbitration and mediation, securing millions in compensation for his clients.
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