Liability and Prevention of Motorcycle Road Rash Injury

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Santa Monica, CA

Practice Areas: Auto Accident, Disability, Employment, Personal Injury, Sexual Harassment, Social Security Disability, Wrongful Death

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In the movie Iron Man 2, when Nick Fury (Samuel L. Jackson) asked Tony Stark (Robert Downy Jr.) about the marks on his neck and chest, Stark quipped as he was drinking coffee, “Road rash.” But what is a road rash injury exactly? And how does it happen? What can be done to treat or prevent it?

Road Rash Injury

Road rash is a term coined to describe skin injury, which may sometimes extend all the way to the bone, which is caused by abrasion against road surfaces.

The term road rash is more commonly used to describe the injury or severe friction burns from a motorcycle accident. However, abrasion injuries in long boarding, skateboarding, or inline skating accidents are may also be described as road rash.

Road rash is a result of contact of a motorcycle rider’s uncovered skin against hard surfaces such as asphalt and concrete. Since the skin is the largest human organ, there are many places where one can suffer from a road rash but most usually occur on the:

  • Lower legs (outside portion)
  • Knee
  • Palm
  • Shoulder
  • Outside of the quadriceps
  • Thigh

The injury can be shallow – a few scrapes and cuts but there are bad falls or accidents and a road rash injury can be worsened by rocks, broken glass and metal. It is also likely that a road rash injury is only the tip of the iceberg as it may overlay broken or fractured bones.

Motorcycle Accidents: Causes and Liability

As most road rash injury has been caused by motorcycle accidents, take note of the following factors behind such accidents. If these are present at any time while you are out riding, you are putting yourself at risk of incurring a road rash injury, among others:

Human Error – The rider’s behavior is often the leading cause of motorcycle accidents. This includes excessive speeding, failing to adhere to traffic rules and regulations (running the red light, lane-splitting, etc.), and even driving under the influence of drugs and alcohol. Of all the factors enumerated, speeding and alcohol use contribute to many motorcycle fatalities. In all single-vehicle crashes involving motorcycles last 2008, 46 percent of all motorcycle drivers killed were speeding while 43 percent of riders killed were legally drunk and had blood alcohol concentrations (BAC) of 0.08 percent or higher.

Driver Behavior (Other car/vehicle) – In many motorcycle accidents, collisions occurred because of the fault or negligence of the car driver. Take for example, most head-on crashes involving a motorcycle and another vehicle showed that it was the driver of the other vehicle, not the motorcyclist, who more often ran the traffic signal or suddenly turned left in front of the motorcycle.

Failure of motorcycle parts – In a vehicle as unprotected as a motorcycle, the failure or defect in any of its components can be fatal. Blown out tires and defective brakes among others can lead to a crash.

In you are involved in a motorcycle crash and suffer from road rash or other injuries, you may seek the advice of a lawyer in you feel that it was not your fault and you deserve compensation.

Prevention is the Best Cure

Preventing the road rash injury from occurring in the first place, is the best treatment for it. Here are quick tips to remember before taking your motorcycle out for a spin:

  • Cut back on speeding and be mindful of what can cause a motorcycle accident.
  • Cover any exposed skin with a layer of clothing when going out to ride. Leather is advisable.
  • Wear proper protective gear such as: gloves, boots, and gloves.

Legal Remedies and Compensation for a Motorcycle Accident

Motorcycle accidents have potential for serious injuries and damages. Liability in motorcycle accident can also be much more complicated to establish. It's important that motorcyclists have an attorney represent their interests after an accident. Insurance companies are notorious for withholding significant compensation in order to maximize profits, so having an attorney will ensure the best possible payout.

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