Motorcyclists face unique risks on the road, with road rash being one of the most common injuries sustained in an accident. While it may seem like a minor concern compared to broken bones or head trauma, severe road rash can lead to major medical bills, permanent scarring, and even life-threatening infections. If you have suffered road rash due to another driver’s negligence in Ohio, you may be entitled to compensation. Knowing & understanding your legal options is going to help you navigate the process of filing a personal injury claim.

What is Road Rash and Why is it Serious?

Road rash occurs when a motorcyclist’s skin scrapes against the pavement during a crash. While some cases result in mild abrasions, more severe instances can involve deep tissue damage, exposed muscle, and infections that require extensive medical treatment.

Road rash is generally categorized into three degrees of severity:

• First-degree road rash – Mild abrasions with redness and minor scrapes; usually heals without medical intervention.
• Second-degree road rash – More serious damage where the outer layer of skin is broken, exposing underlying tissue. There is a high risk of infection and scarring.
• Third-degree road rash – The most severe form, involving deep wounds that expose muscle, fat, or even bone. Skin grafts and long-term medical care may be required.

Severe road rash often will result in permanent scarring, nerve damage, and disfigurement, making it more than just a cosmetic concern. If the injury was caused by another party’s reckless or negligent behavior, legal action might be needed to cover medical fees, lost wages, and pain and suffering.

Can You File a Lawsuit for Road Rash in Ohio?

Yes, if your injuries were caused by another person's negligence, you have the right to pursue a personal injury claim. To succeed in an Ohio motorcycle accident lawsuit, you must establish the following legal elements:

1. Duty of Care – The at-fault driver holds a responsibility to operate their vehicle safely.
2. Breach of Duty – The driver acted negligently, such as by speeding, running a red light, or failing to yield.
3. Causation – Their negligence was the direct cause of your accident and resulting injuries.
4. Damages – You suffered measurable losses, such as medical expenses, lost income, and pain and suffering.

Under Ohio's modified comparative negligence rule, you are still able to recover damages even if you were partially at fault—as long as you are not more than 50% responsible for the crash. However, your compensation will be lowered by your percentage of fault. For example, if you are found to be 20% responsible for the accident, your total damages award will be reduced by 20%.

What Compensation Can You Recover?

Victims of motorcycle accidents in Ohio may be eligible for several types of damages, including:

• Medical expenses – Hospital expenses, skin graft procedures, physical therapy, and medication costs.
• Lost wages – Compensation for income lost due to missed work and the potential loss of future earnings.
• Pain and suffering – Compensation for physical pain, emotional distress, and diminished quality of life.
• Disfigurement and scarring – Compensation for permanent scars that may impact self-esteem and future opportunities.
• Property damage – Replacement or repair costs for your motorcycle and protective gear.

In cases where the at-fault driver was extremely reckless—such as driving under the influence—you are able to go after punitive damages, which are meant to punish the negligent party and deter similar behavior in the future.

Evidence to Strengthen Your Case

If you plan to file a claim for road rash after a motorcycle accident, gathering strong evidence is critical. Key forms of evidence include:

• Medical records – Documentation of your injuries, treatment plans, and any long-term complications.
• Police reports – An official report can establish liability and provide crucial details about the accident.
• Witness statements – Testimonies from bystanders can help support your account of the incident.
• Photographic evidence – Pictures of the scene, your injuries, and any damaged property.
• Expert testimony – Medical professionals or accident reconstruction experts may be needed to demonstrate the severity of your injuries and how the crash occurred.

How Long Do You Have to File a Lawsuit?

In Ohio, the statute of limitations for filing a personal injury claim is two years from the date of the accident. If you do not file within this timeframe, you may lose your right to seek compensation. However, there are some exceptions, such as if the victim is a minor, which may extend the deadline. Speaking with a motorcycle accident attorney as soon as possible can ensure you meet all legal deadlines.

Defenses You May Encounter

Insurance companies and defense attorneys may try to minimize your compensation by arguing:

• You were not wearing protective gear – While Ohio law does state that all motorcyclists wear helmets, insurers may argue that a lack of protective clothing contributed to your injuries.
• You were partially at fault – If they can prove you were more than 50% responsible for the accident, they may avoid paying damages entirely.
• Your injuries were pre-existing – If you had prior skin conditions or previous accidents, they may argue that your injuries were not caused by the current crash.

Working with a skilled attorney can help counter these tactics and maximize your recovery.

Conclusion

If you have suffered a road rash in an Ohio motorcycle accident due to another driver’s negligence, you have the right to pursue compensation for your injuries. While road rash may seem like a minor issue at first, severe cases can result in permanent scarring, costly medical treatments, and lasting physical and emotional effects.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Ohio motorcycle accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.