Road rash is a common yet often serious injury in California personal injury cases—especially involving motorcycle accidents, bicycle crashes, e-scooter incidents, or pedestrian collisions. Though often labeled a “skin abrasion,” road rash can cause permanent scarring, nerve damage, and severe infections. If your injury was caused by someone else’s negligence, you may be entitled to financial compensation under California law.
🩹 What Is Road Rash?
Road rash refers to abrasions caused by friction, typically when skin slides across pavement or rough surfaces. It’s common in accidents where the victim is ejected or thrown from a vehicle and comes into contact with the road.
Levels of Severity:
- First-degree: Superficial abrasions (like rug burn), usually heals with minimal treatment.
- Second-degree: Deeper abrasions, raw skin, bleeding, possible scarring.
- Third-degree: Severe damage down to fat or muscle; often requires skin grafts or surgery and carries high risk of infection.
🚧 Common Causes of Road Rash in Personal Injury Cases
In California, road rash injuries often result from:
- Motorcycle or bicycle accidents
- Scooter or skateboard accidents
- Pedestrian accidents (e.g., being hit and dragged by a vehicle)
- Car or truck crashes (victims ejected or thrown from vehicle)
- Slip-and-fall accidents on rough pavement or asphalt
- Dog attacks that knock the victim to the ground
🛵 Motorcyclists and bicyclists are especially vulnerable, even with protective gear.
⚖️ Legal Basis for a Road Rash Claim in California
To win compensation, you must prove:
- Duty of Care: The other party had a legal obligation to act safely.
- Breach of Duty: They failed to uphold that duty (e.g., reckless driving, failure to yield, unsafe property conditions).
- Causation: Their actions directly caused your road rash injuries.
- Damages: You suffered harm—physically, emotionally, and/or financially.
🔁 California follows pure comparative negligence:
You can still recover compensation even if you were partly at fault—your award is reduced by your percentage of fault.
💰 What Compensation Can You Recover for Road Rash?
Even seemingly minor road rash can lead to scarring, infection, and long-term consequences. You may be entitled to:
🔹 Economic Damages:
- Emergency medical treatment
- Wound care, dressings, and follow-up visits
- Antibiotics and medications
- Plastic or reconstructive surgery
- Skin grafts
- Lost wages or reduced earning capacity
- Future medical expenses
🔹 Non-Economic Damages:
- Pain and suffering
- Permanent disfigurement or scarring
- Emotional distress
- Loss of enjoyment of life
- Loss of confidence or body image issues
- Post-traumatic stress disorder (PTSD)
💡 Victims with road rash on visible areas like the face, hands, or arms often receive higher compensation for disfigurement.
📂 Key Evidence for a Road Rash Injury Claim
✅ Important documentation includes:
- Photos of the injuries from the accident and throughout healing
- Medical records and treatment summaries
- Plastic surgery or dermatology reports
- Accident scene photos or videos
- Eyewitness accounts
- Police or incident reports
- Pain journal describing daily impact, especially during dressing changes
- Proof of lost income and work limitations
⏳ California Statute of Limitations
- You [generally] have 2 years from the date of the injury to file a personal injury lawsuit.
- If your claim involves a government agency (e.g., defective road or sidewalk), you must file a claim within 6 months.
⏰ Missing deadlines can bar your right to recover compensation—act promptly.
👨⚖️ Do You Need a Lawyer?
Road rash cases can be undervalued by insurance companies, especially when:
- The injuries seem “cosmetic” or “non-serious”
- There’s no broken bone or major surgery
- You’re partially blamed for the incident
A skilled personal injury attorney can:
- Prove liability and connect the injury to the accident
- Help document scarring and long-term consequences
- Negotiate with insurance adjusters who downplay soft tissue injuries
- Take the case to trial if needed
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].