Yes, You Can Sue for Road Rash Injuries after a Motorcycle Accident

“Road rash” is one of those cutesy names that tends to let people believe it’s not a serious injury. It’s a bit like saying “fender bender” to describe a minor car wreck; how minor can a wreck be that actually bends your fender, right?

But road rash is something else. In general, it refers to abrasions and lacerations caused to motorcycle riders when they fall off their bikes and land on the road. It’s categorized in three ways:

  • First-degree road rash is, indeed, pretty minor. Most of the time, you won’t need medical attention, and you may not even need bandages. It’s more akin to rug burn: painful, but non-threatening.
  • Second-degree road rash is more serious. You should seek medical attention, and there is a good chance that you’ll have some scars.
  • Third-degree road rash can be critical, because it can lead to skin grafts in some cases. Lacerations of this kind are more prone to infection, too. The chances you’ll end up with permanent scars are pretty high. If the injuries penetrate into your muscles, there is a chance you will lose some mobility, too.

In all three categories, pain is the common thread. However, in some cases of third-degree road rash, your pain might actually be minimal; it depends on how much damage is done to your nerves.

Making your claim for compensation

If you sustained road rash injuries because of someone else’s negligence, you can make a claim for compensation within two years of your accident, under Alabama law. You can make a claim for your:

  • Medical costs, including treatments, hospital bills, and any ongoing therapies or adaptive technologies you need
  • Lost wages, both those you could not collect while you weren’t working and any loos of future earning potential
  • Property damage, including damage to your bike, your helmet, or anything else
  • Pain and suffering, including emotional and mental trauma

Determining liability in your Alabama motorcycle accident

Alabama is very strict when it comes to liability; if you are found even partially responsible for your injuries, you can be denied all compensation. It’s why you really need a motorcycle injury lawyer to help you, even if you just want to settle your claim and move on with your life. We read the accident reports and your medical records, review any footage of the wreck, inspect the motorcycle, inspect the roadway, and interview witnesses. From there, we can decide who the liable party is:

  • A negligent driver
  • Another motorcycle rider
  • The city/municipality, state or county, in cases of where poor road design or infrastructure caused you to fall
  • The manufacturer, designer or retailer of a defective bike part or helmet
  • Someone else altogether

If you skidded out because of the quality of the asphalt, or were cut off by another driver, or had your brakes fail because of a defect, you shouldn’t be held responsible for your bills and expenses related to the injury. The liable party or parties should. When another person’s negligence is to blame for your motorcycle crash and injuries, Mezrano Law Firm will be there to help.

If you suffered road rash in a bike wreck, let our Alabama motorcycle injury lawyers protect your future. We’re proud to represent riders throughout the state, and to fight for your future. To schedule a free consultation with an attorney from Mezrano Law Firm, please call 205-206-6300 or fill out this contact form. With offices in Tuscaloosa, Montgomery, Mobile, Gadsden, Florence and Birmingham, we are always nearby when you need us the most.