Road Rash: Your Guide to Getting Compensation
November 15th, 2024
Understanding the effects of road rash injuries and the legal options available is necessary if you’ve been involved in an accident. Road rash can range from minor scrapes to severe wounds that require immediate medical attention, and knowing how to handle your injury claim is important if you want to secure compensation.
Keep reading to learn more about common road rash injuries, how to get compensation, and when you should consider hiring a road rash lawyer.
What Is Road Rash?
Road rash is a type of injury that occurs when the skin grazes and scrapes against a rough surface during an accident. When road rash happens, the top layer of the skin peels away, leaving raw and exposed tissue behind. Road rash injuries can range from mild redness and irritation to serious muscle or bone exposure.
In severe cases, road rash can lead to long-lasting scarring or even infection if not properly treated. As minor as it may sometimes be, road rash can still be incredibly painful and may require immediate medical attention to avoid potential complications. Whether it’s a small patch of skin or a larger area, road rash isn’t something you should overlook after an accident.
Common Accidents Causing Road Rash
Road rash is commonly caused by high-impact accidents where the victim slides across the ground. Some accidents that can lead to road rash include:
- Motorcycle Accident: Riders are often at high risk of motorcycle road rash injuries in motorcycle accidents due to minimal protective gear. Motorcycle accident injuries can be particularly severe.
- Bicycle Accidents: Bicycle accidents are frequent in urban areas, where cyclists may collide with vehicles or fall on uneven surfaces.
- Pedestrian Incidents: When struck by a vehicle, pedestrians can suffer road rash injuries if dragged or thrown onto the road.
- Car Accidents: Vehicle occupants can experience road rash when ejected from the vehicle or if they come in contact with rough interior surfaces during a car accident.
How Severe Are Road Rash Injuries?
Road rash injuries can range from minor scrapes to severe wounds. Understanding the different levels of severity can help you administer proper care and treatment.
- First-Degree Road Rash (Minor Cases): This type of injury involves scraping away the outer layer of skin. Although painful, it typically heals within a week or two with proper care like wound cleaning and using antibiotic ointment.
- Second-Degree Road Rash (Moderate Cases): This type of injury damages deeper layers of your skin and can cause bleeding. There is a higher risk of infection compared to first-degree injuries.
- Third-Degree Road Rash (Severe Cases): Injuries of this degree penetrate all skin layers, exposing muscle, tendons, or even bone. They need immediate medical attention and possibly require skin grafts or surgery to prevent permanent damage and infection.
Addressing road rash injuries is important regardless of their severity: even minor cases can escalate if left untreated.
Am I Owed Compensation for My Road Rash Injury?
You may be entitled to compensation if you’ve suffered a road rash injury due to someone’s actions or carelessness. To establish liability and secure financial relief, you’ll need to prove the standard argument for legal fault:
- Duty of Care – Prove that the at-fault party had a legal responsibility to prevent harm.
- Breach – Prove that the party at fault failed in their duty of care.
- Injury – Prove that you’ve suffered some form of injury.
- Fault – Prove that the failed duty of care from the at-fault party caused your injury.
Texas is a strict liability state, meaning you don’t have to show that the person responsible for your accident acted intentionally to prove liability. A personal injury attorney can assist you in gathering the necessary evidence you need to establish your case and hold the right party responsible.
How to Get Compensation for Road Rash Injuries
If you’ve suffered a road rash injury due to an accident, you may need to seek compensation to cover your medical bills and other losses. Here’s an overview of the steps involved in the process:
- Identify Who Is at Fault: The first step is to determine who’s responsible for your accident. This could be another driver, a property owner, or a local government entity.
- File an Insurance Claim: If the responsible party has insurance, your attorney can proceed to file a claim with their insurance company, ideally within 30 days of the accident. The insurer typically has about a month to approve or deny your claim.
- Appeal if Necessary: If your claim gets denied, your attorney can file an appeal with the insurance company, which must respond within 30 days.
- Send a Demand Letter: If the at-fault party is uninsured or your appeal is unsuccessful, your attorney can draft a demand letter outlining the compensation you deserve.
- Consider a Personal Injury Lawsuit: If your demands are not met, you may need to formally file a lawsuit to pursue compensation.
- Settlement Negotiations: Your attorney can negotiate a settlement with the at-fault party or their insurer to reach a fair agreement.
- Go to Trial if Necessary: Your case may go to trial if an agreement can’t be reached. This could take time. However, most personal injury cases are usually settled before they reach this point.
How Long Do I Have to File a Road Rash Lawsuit?
In Texas, if you’ve suffered road rash injuries, you normally have two years from the accident date to file a road rash lawsuit for compensation, including lost wages and medical expenses. This legal deadline is known as the statute of limitations. The time limit may be extended for minors, allowing them to file once they reach adulthood. Since personal injury claims can take time, it’s important to consult a lawyer to understand how long you have to file a lawsuit and ensure you meet all deadlines to protect your rights.
Do I Need a Road Rash Lawyer?
If you’ve suffered a road rash injury caused by someone else’s carelessness, getting help from an Austin personal injury lawyer may be essential for fighting for your rights and securing fair compensation. Personal injury cases can be complex, and a lawyer can guide you through the process to make sure you get the compensation you deserve. You can pursue a claim on your own, but having legal representation can make a significant difference, especially when dealing with insurance companies or if you’re wrongly blamed for the accident.
Protect Your Rights and Get the Compensation You Deserve with Ramos James Law
Working with a skilled personal injury lawyer can have a big impact on the eventual outcome of your road rash case. Choosing the right road rash lawyer is crucial in ensuring that you experience a smooth legal process when dealing with personal injuries.
If you’ve suffered a car, bike, or motorcycle road rash injury, we’re here to help. At Ramos James Law, we can guide you every step of the way. Our experienced legal team will ensure you get the legal support you deserve and help you make informed legal decisions throughout your case.