Can a Lawyer Help After Suffering Road Rash in a Motorcycle Accident?

Can a Lawyer Help After Suffering Road Rash in a Motorcycle Accident?

If you have been in a motorcycle accident and suffered road rash, you may be wondering if it's necessary to hire a lawyer. Having a lawyer on your side can make a significant difference in your case and guide you through the complex legal process.

Motorcycle accidents can cause severe injuries to bikers because they often occur at high speeds with little to protect them from impact. These accidents have a much higher fatality rate than other types of motor vehicle crashes, and motorcyclists may suffer several effects that can change the course of their lives.

If you or a loved one has suffered an injury in a crash, you need an experienced motorcycle accident attorney in Vero Beach to fight for you. Insurance companies are dedicated to making things more challenging for you because they do not want to write the full check you deserve.

Your lawyer will work to gather the evidence necessary to prove legal responsibility for the accident. They will then estimate the amount of your damages and negotiate a settlement agreement that fully pays you. Because of your injuries, these are tasks you cannot handle yourself.

If you have not contacted a motorcycle accident lawyer, you should do so immediately. Your lawyer will go to work right away to establish and preserve your right to financial compensation after your accident injuries.

You do not have to pay anything for the initial consultation or write a check to your attorney at any point in your case. At the same time, you should also get prompt medical treatment and follow your doctor's recommendations.

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What Is Road Rash?

Road rash is a common injury motorcyclists suffer in accidents, where their bodies undergo extreme friction on a hard surface. In a motorcycle accident, the biker skids on the pavement when they fall from their bike. Motorcyclists may also suffer road rash when they sustain a crush injury or get trapped between two surfaces. There is severe damage to their skin, or it can even rip off when the biker gets crushed.

When you suffer road rash, large amounts of skin rip off your body. Not only can you suffer cosmetic damage, but you can also suffer harm to the tendons, muscles, and nerves if you lose enough skin. In addition, you are at risk of a severe infection in the days and weeks after your injury. It is not uncommon for motorcyclists who have suffered serious road rashes to end up in the hospital with sepsis. If you notice a road rash, you should be vigilant to spot potential signs of infection and seek immediate medical attention. If you lose too much treatment time, an infection can spiral out of control, and the same goes even if the road rash has not become an infection. Prompt treatment can reduce some of the long-term scarring associated with the injury.

Where Motorcyclists Suffer Road Rash

Motorcyclists generally tend to suffer road rash in extremities and bony areas, including their:

  • Knees
  • Elbows 
  • Forearms
  • Hands
Motorcycle lies on slippery asphalt after crashing into car; accident involving motorcycle and car.

If your road rash is severe enough, you may need extensive medical treatment in the future. Beyond the most serious short-term impacts, you may also need long-term care to help repair the damage to your skin, as you may experience extensive scarring. Some road rash victims may require multiple skin grafts in the future. These procedures can be expensive and can mean a lengthy recovery time. Each skin graft can cost up to $30,000, a painful procedure. If the damage to your skin is bad enough, you can even suffer nerve damage that can cost you some motion and function.

Road rash can also increase the size of your settlement check. You may deserve compensation for scarring and disfigurement, especially if it is in a prominent and visible place on your body. In addition, you can get paid for any embarrassment and humiliation associated with your injury.

Road rash usually goes along with other serious motorcycle accident injuries. You rarely suffer road rash on its own without other severe consequences. Road rash usually means you fell from the bike at a very high speed or suffered a severe crush injury. Thus, you are likely looking at a claim or lawsuit that can result in significant financial compensation, but insurance companies will make you fight for every dollar you receive each step of the way.

When dealing with serious accident injuries, you likely do not have the resources or legal acumen to take on the insurance company alone. Allow a motorcycle accident attorney to handle your claim.

You Must Establish Liability to Win Your Case

Before you can even begin to discuss compensation in any motorcycle accident case, you must first establish that someone else was to blame for the accident. Then, the other driver will take on a legal obligation to pay you. Insurance companies step into the shoes of the driver, and they are the ones who end up both defending against your claim and negotiating a potential settlement on behalf of the driver.

You must come forward with evidence that proves what the driver did to cause the accident. The standard of proof that you must meet is a preponderance of the evidence, meaning that it is more likely than not that the driver did what you claim. There are four things that you must prove to demonstrate negligence:

  • The driver owed you the duty of care
  • They breached the duty of care by doing something unreasonable under the circumstances
  • You suffered an injury
  • You would not have suffered an injury had it not been for the actions of the driver

Your attorney can gather evidence that shows someone else was to blame. This evidence can consist of witness testimony or physical evidence, such as pictures of the accident scene or video camera footage.

The Insurance Company May Try to Blame You for the Accident

One major problem you may face is that insurance companies may insist on placing some or all of the blame on you for the accident. Most commonly, they may closely scrutinize the safety equipment you used before the accident and claim that you could have prevented the road rash by wearing better equipment. You will need a lawyer to defend yourself from any wrongful allegations that insurance companies may make against you in an attempt to cut the amount of money that they will need to pay you.

Why You Need an Experienced Attorney for Your Motorcycle Accident Case

Scales of justice and blurred lawyer on background

Your lawyer can help after any type of injury that you suffer in a motorcycle accident. You need your lawyer's services because you may end up on the outside looking in when you are left to deal with insurance companies alone. They will try to press their inherent advantage over you by engaging in any of several hardball tactics designed to cost you money.

An experienced attorney is the only one who can competently and aggressively look after your legal interests. Insurance companies do not respect individual claimants because nothing can force them to do the right thing. If you protest something that the insurance company does, there is no recourse that you can have on your own.

Your Motorcycle Accident Lawyer Will Stand Up to the Insurance Company

You can say no to a settlement offer that does not fairly pay you for your injuries. Insurance companies do not have the power to impose anything on you, and if they wrongfully deny your claim entirely, you can fight back in court. If insurance companies do not pay you enough, you can reject the settlement offer and force them to return to the drawing table.

Here, the real consequence for the insurance company is that you can file a lawsuit. When that happens, you force insurance companies into court. They must pay their defense firm to handle the case; the expenses can be tens of thousands of dollars. Litigation costs insurance companies money, and that is before the case even reaches the jury. They may also need to pay an expert witness to testify at trial.

Insurance companies also fear the outcome when the jury decides the case because there is an unpredictable element when people with human emotions and thoughts make determinations. The jury can order the insurance company to pay more than it offered you in a settlement agreement. If the driver ends up owing money for a case that the insurance company could have settled, they may even file a lawsuit themselves for bad faith.

You Need an Attorney to Gain Credibility with the Insurance Company

Middle-aged partner lawyers shaking hands after finalizing a contract agreement.

If you do not have a lawyer, the threat of suing the insurance company does not hold any water. Insurance companies know you cannot credibly argue your case in court. Their lawyers will run circles around you, and there will be little to fear. Everything changes when you have an attorney with experience in the courtroom, and the insurance company knows of the lawyer's reputation. Suddenly, insurance companies begin to act more reasonably when they realize the potential consequences for them. They may be more willing to settle the case more favorably for you.

If the insurance company insists on going through the legal process, your attorney will be an invaluable help in building your case. They can do the bulk of their work in the discovery process, as you seek to gather information and evidence that is in the hands of the driver and other party. By the time that discovery concludes, your lawyer may have built a solid enough case that the insurance company does not want to go all the way to trial. Even if you have to take your case to the jury, you have a forceful advocate who can give you a chance of success.

The Time to Hire a Motorcycle Accident Attorney Is Right After the Crash

A motorcycle accident claim can take quite a bit of time from beginning to end. In the meantime, there are many challenges that you may face that can make it harder for you to obtain compensation. The more you try to do on your own, the worse off you are in the legal process. Not only may the insurance company try to trap you, but the passage of time can also weaken your ability to prove that the driver was liable for the accident.

You can both lessen your stress level and improve your chances of winning the case by hiring an attorney right after the accident. All it takes is a phone call to an attorney to schedule an initial consultation, where you can decide whether to hire them for your case. You can always set up meetings with additional lawyers.

You Do Not Pay Out of Pocket to Hire an Attorney

The basis for the personal injury law system is the contingency fee. If injured motorcyclists like you have to pay an attorney upfront, you cannot get the legal help you need for your case. Instead, you just need to sign a binding contract that promises the lawyer they will get paid out of the proceeds of your settlement or jury award. You do not pay anything from your pocket and will not receive bills while your case proceeds through the legal system. Thus, there are no issues about whether you can afford a lawyer for your case.

When you hire a Vero Beach personal injury lawyer, you're not just getting someone who will handle your case's legal aspects. You are also getting an advocate who will fight tirelessly to protect your rights and ensure you can tell your story. They will investigate the accident, gather evidence, interview witnesses, negotiate with insurance companies, and represent you in court if necessary. Having an experienced attorney by your side can make a significant difference in the outcome of your case.

If you have suffered road rash in a motorcycle accident, don't hesitate to reach out to a lawyer near you. Remember, it costs you nothing out of pocket to hire a motorcycle accident lawyer, and their experience and advocacy can make all the difference in your case. Don't face the legal process alone - let a professional fight for you and ensure you receive the compensation you deserve.

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