Riding in a motorcycle entails more risk than riding in a car. Often, drivers of larger vehicles cannot see motorcyclists. They may fail to yield or carelessly try to overtake a motorcyclist driving in the same direction. Road rash in motorcycle accidents is a common injury and can range from minor to very severe. If you suffered road rash in an accident caused by another, you may be able to recover damages. The Syracuse motorcycle accident lawyers of DeFrancisco & Falgiatano provide a consultation to discuss your case and evaluate whether you have a viable basis to sue.
Road Rash in Motorcycle AccidentsMotorcyclists are not as protected as occupants in larger vehicles. Even when wearing protective gear, a motorcyclist may still sustain road rash in an accident. As the largest organ, the skin protects the body against the entry of viruses and bacteria. In a motorcycle accident, your outer layer of skin may be removed if it scrapes against rough and hard surfaces. Additionally, riders face a risk of infection if debris, rocks or metal enter their wounds. The severity of the rash depends on the safety gear worn, the force of the collision and the kind of surface that inflicted injury. You can develop road rash on your face, palms, lower legs, thighs, knees, and shoulders. At the most serious level, a third-degree road rash may peel away the skin, exposing muscle, fat, and bone. Both second- and third-degree road rash carry the risk of permanent disfigurement or scarring.
LiabilityRoad rash injuries are common in motorcycle accidents. If you sustain road rash because of another driver’s actions you will need to prove by a preponderance of the evidence: (1) the defendant owed you a duty to use reasonable care, (2) breach of the duty to use reasonable care, (3) causation, and (4) actual damages. The driver of a larger vehicle may breach the duty to use reasonable care by failing to yield at an intersection, failing to follow signs or signals, speeding, weaving, tailgating, failing to check blind spots, and drunk or distracted driving. For example, if you are passing through an intersection on a green light and a driver in the opposite direction crashes into you during a left turn, you may be able to hold the driver liable for the road rash and other injuries you sustained. Similarly, if an impatient driver illegally tries to pass you on a single lane road and collides with your motorcycle so that you sustain road rash, you may be able to hold the driver liable. A skilled attorney can review the evidence and evaluate the strength of your case.
DamagesIf you can establish liability for a motorcycle accident, you may be able to recover compensatory damages, which will depend on the nature and severity of your injuries. If you sustained a superficial road rash that leaves no scarring, the damages will be less than for road rash that is severe and disfiguring.
Compensatory damages can include economic and noneconomic losses. Examples of economic losses include medical bills, lost wages, and out-of-pocket costs. Noneconomic losses cover pain and suffering, mental anguish, loss of enjoyment, scarring, and disfigurement.
Severe road rash has the potential to cause blood poisoning and even septic shock and death. If a loved one dies because of septic shock arising out of road rash, you may be able to sue for wrongful death damages. In New York, you are limited to pecuniary losses arising out of wrongful death.
Retain an Experienced Lawyer in SyracuseRoad rash in motorcycle accidents can cause infection and disfigurement. If you suffered road rash in an accident, you should consult an attorney experienced in presenting cases to insurance adjusters and juries. At DeFrancisco & Falgiatano, we provide aggressive, but compassionate representation to injured motorcyclists and their families in Rochester, Syracuse, and throughout Upstate New York, including in Oneida, Cooperstown, Auburn, Lyons, Canandaigua, Oswego, Binghamton, Wampsville, Watertown, Ithaca, Elmira, Herkimer, Utica, and Lowville. Contact DeFrancisco & Falgiatano at 833-200-2000 or by completing our online form.