Bicyclists have little protection in a car accident. Lacking any protection from the ground, bikers usually suffer severe injuries if they fall in a crash. Road rash is a common injury that bikers suffer and can be severe. The injury involves the skin being scraped and torn from the body as the accident victim slides on the pavement.
Learn all about road rash bicycle accident claims below. If you have a road rash after a bicycle accident caused by the driver, you should hire a Winchester bicycle accident attorney to obtain compensation. Your road rash injury can leave you with a mountain of medical bills, and you deserve financial justice today.
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Table of contents
- What Is Road Rash?
- What Causes Road Rash Bicycle Accident Injuries?
- What Are The Elements Of A Bicycle Accident Lawsuit?
- How A Bicycle Accident Lawyer Can Help After A Road Rash Injury
- A Bike Accident Attorney Will Collect Evidence To Support Road Rash Claim
- How Does The Insurance Company Value Road Rash?
- What Can You Get For A Road Rash Claim?
- Speak To A Bicycle Accident Attorney Now
What Is Road Rash?
Road rash is a skin abrasion caused by friction with a rough surface, such as a road. It is a potentially serious injury that often occurs in bicycle and motorcycle accidents. The rider may fall from their bike during the crash and skid over the ground, leading to severe cuts, abrasions, and bruises on the skin.
The severity of a road rash injury varies. It may be a minor irritation to the skin, but it can cause the skin to be torn off and may even lead to underlying tissues being exposed. It’s possible that asphalt, gravel, and dirt can be rubbed into the wounds, increasing the chances of infection and tissue loss. Some road rash victims end up with serious tissue and skin loss, as well as nerve damage.
You can be entitled to compensation from the liable driver for your road rash injuries. A bike accident lawyer can begin an investigation promptly to determine if another person’s negligence caused your accident. If so, your road rash injury can lead to a substantial settlement, especially if the injury requires surgery and hospitalization.
What Causes Road Rash Bicycle Accident Injuries?
Bicycle accidents that cause road rash injuries occur for many reasons. One of the most common reasons is car driver negligence. Unfortunately, many drivers don’t notice or provide enough room for bicyclists on public roads. Serious bicycle accidents may occur at intersections or when drivers make turns without looking carefully for oncoming bicyclists. Some drivers also may pass too close to bikers, causing them to fall and suffer road rash, broken bones, etc.
Dangerous road conditions are another major cause of road rash injuries involving bicycles. Potholes, uneven surfaces, and road debris pose significant risks to bikers, especially if they lose control because of the conditions. If unsafe road conditions caused the accident, a local government agency might be held accountable in a lawsuit.
Dooring accidents, in which a biker slams into an opening car door, are another common reason for road rash injuries. Bikers riding near parked vehicles may be knocked to the ground by a driver opening their door.
Distracted driving because of cell phones is another frequent cause of cycling accidents and serious injuries. Glancing at a cell phone to send or read a text diverts the driver’s attention for several seconds. This is enough time for the driver not to see a biker in front or to the side of their vehicle.
Did you suffer road rash and other injuries after a driver hit you on your bike? You have legal rights. An injury attorney in your city can help determine if you are entitled to compensation. Bicycle accident attorneys are paid from your settlement funds, so you do not owe out-of-pocket legal fees. You don’t have to pay your attorney if they don’t obtain compensation for you.
What Are The Elements Of A Bicycle Accident Lawsuit?
A bicycle accident lawsuit involving a road rash injury features several legal aspects that must be proven to determine liability and compensation. They are:
- Duty of care: It’s vital to establish the duty of care to prove your road rash injury claim. All drivers and other road users owe a duty of care to others on the road. It includes drivers, passengers, bikers, motorcyclists, and pedestrians. They are required to obey the law and not injure others as they go about their business.
- Breach of the duty of care: As the road rash bike accident victim, you must prove that the liable driver breached their duty of care. For example, perhaps the driver didn’t stop at a red light, knocked you off your bike, and you hit the ground and skidded on your side for 10 feet.
- Injuries and causation: You also must show that your injuries are related to the breach of the duty of care. It may be proven by evidence proving how the accident happened and your medical diagnosis.
- Damages: You must show your damages, such as $5,000 in medical bills.
Your bicycle accident attorney will work tirelessly to prove that someone’s negligence led to your injuries and damages.
How A Bicycle Accident Lawyer Can Help After A Road Rash Injury
As a bicycle accident victim, you may have the right to obtain compensation for your road rash losses. This compensation includes how the road rash injury has affected your life financially, emotionally, and physically. An experienced bike accident lawyer can evaluate your losses to determine what you can receive from the liable party and insurance company. Several types of damages that you can receive for a road rash injury are:
Medical Bills
Road rash is a friction burn caused by skin rubs and scrapes on the ground when you fall from your bike. It can be severe and may require major medical treatment. You can obtain compensation for treating your road rash and any resulting health complications.
Potential medical expenses that can be covered are ER care, ambulatory services, hospitalization, surgery and skin grafts, physical therapy, and medication. An experienced bicycle accident lawyer will review your incurred medical costs and work with doctors to understand your future medical needs. The goal is to ensure you have sufficient funds to cover the full cost of your road rash medical expenses now and in the future.
Lost Earnings
Road rash is painful, and common infections can lead to health complications. Your injury may prevent you from working for weeks, months, or even permanently. Even a minor road rash injury can cost work time. A severe injury with infections can result in long-term disability.
For instance, a severe road rash injury on your leg may require you not to expose it to heat or cold, making it difficult to work in an outdoor job. A road rash can prevent you from walking, lifting, or sitting, depending on your body part. Reduced mobility may mean you cannot work until your wounds heal sufficiently.
You should receive compensation for lost income related to your road rash injuries, benefits you didn’t receive, and paid time used to heal and attend doctor appointments. You also can receive funds for the impact on your future job and earning prospects. Some severe road rash injury victims are unable to work and can be permanently disabled.
Pain And Suffering
Unfortunately, road rash means the skin is scraped off of your body. It is a painful injury and can cause tremendous discomfort and suffering. Road rash victims may be forced to limit their activities because of pain and emotional trauma. They also may deal with disfigurement and scarring from road rash.
You should receive compensation for pain, suffering, and mental anguish related to road rash. Skilled bicycle accident attorneys will learn how much pain and emotional suffering you have related to your road rash.
A Bike Accident Attorney Will Collect Evidence To Support Road Rash Claim
You can’t obtain compensation for a road rash injury unless there is ample evidence to prove it to the insurance company or jury. You and your bicycle accident attorney must prove that someone’s negligence caused the accident and related injuries. Important evidence that may be used to prove another party was negligent are:
- Eyewitness statements that say the other party caused the accident that injured you.
- Video footage from surveillance and video cameras that show how the road rash accident happened.
- A police report that describes how the accident happened.
- Medical records that state your road rash injuries are related to the accident. Your medical records also describe your injury treatments and prognosis, which are important in determining compensation.
- Physical crash scene evidence includes skid marks, vehicle, and bike damage, etc.
- Photos of your injuries.
The sooner a bike accident attorney works on your case, the better the chances of collecting vital evidence to prove your case. Waiting to contact a personal injury attorney risks losing the chance to prove the other person caused the accident.
How Does The Insurance Company Value Road Rash?
Road rash injuries after a bicycle accident are often different than other injuries because the medical expenses are not always in line with the severity of the injury. There may be limited treatment options for many road rash cases other than bandages, antibiotics, and giving it time to heal. In more serious cases, however, skin grafts, which are painful and expensive, may be required.
If your road rash case doesn’t require surgery, having excellent photos of the injury is critical to your claim. You need the auto insurance adjuster to look at your photos and be horrified by the injury. The worse the photos appear, the more money the claim may be worth. Insurance companies are well aware if a jury sees gruesome injury photos, the value of the case may skyrocket. The insurance provider may be more inclined to bump up your settlement offer.
Road rash cases might be worth less than other serious injury cases, but it all depends on the case factors. Insurance companies tend to want to settle road rash injury claims fairly because the photos of the injuries are often ugly. Your bike accident attorney will try to persuade the insurance company with photos and your medical records that you deserve a fair settlement for your injuries.
What Can You Get For A Road Rash Claim?
Several critical factors influence what any injury claim is worth:
- How severe the injury is: Road rash isn’t as severe an injury as paralysis in a spine injury claim. However, a severe road rash can require surgery and a long recovery, increasing the claim’s value. Severe road rash also can lead to infection and long-term complications that raise the settlement value.
- Amount of medical bills: A severe road rash injury may require surgery, including skin grafts. It will increase the value of the claim. On the other hand, if your road rash is relatively minor and heals on its own, the case will be worth less because the medical bills are lower. You can, however, be entitled to compensation for your pain and suffering.
- Scarring and disfigurement: Is the road rash on a visible part of your body, and are there scars? The case value will be higher than if the wounds fully heal with no damage visible.
- Lost earnings: A bicycle accident victim with a road rash can lose a lot of work time as the injury heals, which will increase the settlement value.
- Age and income: A younger injury victim with a higher salary can receive more money for lost earnings and earning capacity. It is because they have more work years in front of them and a higher income.
- Insurance: The insurance funds available can affect your financial recovery in the claim. The at-fault driver may have minimal coverage, which can reduce what you receive in a settlement. However, other drivers with significant assets may carry higher insurance amounts.
Speak To A Bicycle Accident Attorney Now
If you have suffered injuries from a bicycle accident caused by another party’s negligence, you can be entitled to compensation. A bicycle accident attorney can seek money from the negligent party or insurer for your road rash injuries, lost earnings, and pain and suffering. Contact a Las Vegas personal injury accident attorney today for a free consultation.