For decades, motorcycle riders have been required to wear helmets. A motorcyclist that suffers a head injury in an on-road accident, while not wearing such headgear has no basis for filing a personal injury claim. On the other hand, the same rider might win a personal injury case, if he or she has suffered road rash.
What is road rash?
It is a type of injury to the skin. It can appear on the body of the victim of a motorcycle accident, if the motorcycle’s rider made contact with the pavement, asphalt or gravel.
The severity of a case of road rash can be intensified by a rider’s failure to wear a protective garment, normally one made out of leather. Still, even riders wearing a leather garment have not been freed from the threat of dealing one day with red and painful rashes.
The range of symptoms that the injured motorcyclist might suffer:
• Ongoing pain or sensation of a burning feeling
• Development of scar tissue, once the injury has healed
• Swelling of the affected tissue; this symptom may be evidence of an infection.
• Disfigurement of the skin on an affected body part
• Infection developing where bacteria has made contact with an area where the skin was missing
• Development of a fever, as the body responds to an infection
How does a personal injury lawyer categorize a client’s case of road rash?
Personal Injury Lawyers in Sherwood Park categorize their clients’ cases by describing the degree of the injury. Medical professionals categorize each road rash case as representative of one of the 3 different degrees.
A 1st degree case: The victim suffers a minor redness on the skin. The same person may complain about a burning sensation.
A 2nd degree case: The outer layers of the victim’s skin have broken. Still, the skin does not exhibit evidence of a puncture, an opening that reveals the muscle. The victim does experience pain, swelling and possible scarring. The victim’s problems should be addressed by a member of the medical profession.
A 3rd degree case: Multiple areas of the victim’s skin have been affected. In each of those areas, the skin has been peeled back, revealing an underlying part of the body. A treatment for such a 3rd-degree injury usually entails making a skin graft.
Factors that determine the amount of compensation given to a victim of this skin disorder:
The degree of the injury (1st, 2nd or 3rd)
The part of the body affected
The impact of any scarring or disfigurement; did such a problem hinder performance of a work-related duty?
The amount of time that the injured rider could not work
The possible need for the injured rider to set aside time for a re-training session, before returning to the workplace.