Can I Get Compensation for Motorcycle Road Rash?

September 27, 2021

Motorcycle riders are more vulnerable than others on the roadway, particularly in the event an accident occurs. Anytime a motorcyclist sustains an injury caused by the careless or negligent actions of another driver, they should be able to recover compensation for their losses. Here, we want to discuss whether or not a motorcyclist can recover compensation for a road rash injury in West Virginia.

What is Road Rash?

A significant percentage of all motorcycle accidents result in some sort of injury for motorcycle drivers and passengers. In some cases, these injuries are incredibly severe and can include head injuries and spinal cord trauma. However, road rash can also occur, and this can lead to significant pain and suffering for a motorcyclist.

During a typical year, around 20,000 road rash cases are reported and treated in emergency departments across the country. These injuries range in severity, but they all have the same mechanism – a motorcycle crash occurs, and an exposed portion of a motorcyclist’s body scrapes the roadway or some other object and leaves an injury.

In many ways, road rash is like a burn. Often, the injury is superficial and light, but severe road rash cases can result in a skin abrasion going all the way down to the bone and require significant medical treatment. In addition to causing a burn like symptoms, motorcycle road rash injuries can also result in accompanying injuries, including the following:

  • Broken or dislocated bones
  • Bruising
  • Significant blood loss
  • Nerve damage
  • Foreign objects such as rocks or glass entering the body
  • Major infections

Data shows that around 79.5% of all road rash victims are able to make a recovery at home after receiving medical treatment. Around 11.6% of road rash victims have to receive acute care or rehabilitation, and 6.6% of road rash victims require some sort of nursing home facility care while they are recovering.

The best way to prevent road rash is for a motorcyclist to wear protective gear at all times when they are riding. This includes wearing a helmet with a faceguard, long sleeve sturdy shirts or jackets, and protective pants such as jeans that can prevent road rash.

Proving the Other Party’s Liability

Any person who sustains a motorcycle accident injury caused by the actions of another driver should be able to recover compensation for their losses. This includes road rash injuries.

Compensation for road rash can include:

  • Complete coverage of medical bills
  • Coverage of any surgery necessary
  • Prescription medications or medical devices
  • Physical therapy or rehabilitation
  • Lost income if a victim cannot work while recovering
  • Pain and suffering damages

The total amount of compensation available for a road rash case in West Virginia will vary depending on the facts and circumstances surrounding each particular injury.

It is important for motorcycle accident victims in West Virginia to work with a Martinsburg motorcycle accident attorney who can handle every aspect of these claims. An attorney will gather the evidence needed to prove liability and help clients negotiate with aggressive insurance carriers. Some of the types of evidence that can be used to prove what happened can include eyewitness statements, photo or video surveillance of the incident, police reports, and more.

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