Road Rash in Motorcycle Accidents
Road rash is a painful scrape and bruise that happens if a rider is thrown or dragged by a motorcycle in an accident. A motorcyclist does not wear a safety belt or a similar restraint, so when they are in an accident, they often get thrown from the bike. If they hit gravel or pavement, the result may be road rash, which is also known as road burn. Although the name makes it seem like a minor injury, road rash can be quite serious. It may necessitate emergency care, as well as longer-term treatment. If you suffer road rash in a motorcycle accident, the Los Angeles motorcycle accident lawyers at Sharifi Firm, APC, can look at your situation to see whether you have a basis to bring a lawsuit to recover your damages.Road Rash in Motorcycle Accidents
Road rash comes in many different forms. It includes injuries that strip away all of the layers of the skin, such that surgeries involving skin grafts are necessary to handle the scarring and disfigurement. It can also include bruising or crushing injuries when a limb is stuck between the bicycle and the road. In some cases, it includes lacerations that are so severe that it is necessary to get stitches.
If you suffered road rash because of a motorcycle accident caused by someone else, you may be able to recover damages to compensate for the road rash. Sometimes a motorcycle accident is caused by a passenger car or truck. Often, drivers of larger vehicles are not looking out for smaller vehicles, and they may not yield at intersections or in other situations when it would be appropriate to do so. You may be able to recover damages by establishing another driver's negligence. Your attorney would need to show that it is more likely than not that the other driver owed you a duty, the other driver breached their duty to you, and there was causation and actual damages.
Often, the other driver will raise the issue of comparative negligence. Their insurer may get in touch with you to try to learn information that would damage your case. If comparative negligence is asserted, the jury will look at all of the evidence presented and assign percentages of fault to each party alleged to be at fault. As a plaintiff, your damages will be reduced by your percentage of fault.
The damages that you can recover for road rash include past and future medical expenses, lost earning capacity, past and future lost wages, household services, pain and suffering, mental anguish, and out-of-pocket costs. You will need to prove the damages. Economic losses are often proven with documentary evidence and sometimes expert testimony.
For example, it may be necessary to get an expert medical opinion about whether future surgeries involving skin grafts are likely to be successful, how many you will need, and the cost. Noneconomic damages are often based on testimonial evidence. You may need to testify, for example, about how the road rash has affected your daily living. Your spouse may be able to recover for loss of consortium by testifying about how road rash has undermined your relationship.
You must mitigate your damages. This means that you need to take any steps that are necessary to keep your damages from getting greater. For example, if your doctor expects you to come in on a weekly basis, you should follow that recommendation. If your doctor advises you to go to therapy, you should do so. In California, a defendant can argue that you are not entitled to any damages above a certain amount if you failed to mitigate them. This means that you may recover a smaller damages award.Retain a Knowledgeable Los Angeles Attorney Following a Motor Vehicle Crash
The costs associated with road rash can be devastating. Statistics show that motorcycle accidents are all too frequent in California, and road rash is a common and sometimes severe injury after a crash. At Sharifi Firm, APC, our experienced Los Angeles attorneys can evaluate the circumstances surrounding a collision and hire experts as necessary. We may be able to bring a lawsuit on your behalf. Contact us at (866) 422-7222 or via our online form. We also represent people in Temecula, San Bernardino, Rancho Cucamonga, Glendale, Covina, and Riverside.