Can I Sue for Road Rash After a Motorcycle Accident?
April 13, 2026 | By Colombo Law
āRoad rashā is a common name for the scrapes that occur when bare skin comes into contact with pavement. Motorcyclists are likely to suffer road rash and other injuries if they are involved in a crash. You may be entitled to compensation for road rash after a motorcycle accident if you were injured through the fault of another.
At Colombo Law, our Morgantown motorcycle accident attorneys are passionate about protecting the rights of injured riders. We can review your case for FREE and help you make a successful claim. This may include filing a lawsuit and, potentially, going to trial.
Call 304-599-4229 today to get started. Motorcycle accident lawyers at Colombo Law serve road rash victims throughout West Virginia from multiple offices in Morgantown.
What Is Road Rash, Exactly?
Medically, road rash is an abrasion injury. Abrasions occur when the outer layer of skin (the epidermis) is scraped off due to friction. Whether paved or dirt, roads are very rough and can seriously damage the skin. Gravel and other debris on the road surface can make these injuries worse.
Road rash may heal on its own if the damage to the skin is only superficial. Deeper abrasions can lead to significant bleeding and expose underlying tissue. This presents a serious risk of infection.
Signs of Road Rash to Be Aware Of
After a motorcycle accident, areas of skin that came into contact with the road may have a red or raw appearance. You might experience a burning or stinging sensation at the site of the injury. Injured skin may have blood or other fluid coming out of it. You may also see dirt, small rocks, and other debris embedded in the skin.
If you are at all concerned about road rash or other injuries from a motorcycle collision, you should seek medical attention ASAP. The following are medical emergencies:
- The wound is three times larger than the size of your palm
- Fat, muscle, or bone is visible
- Debris cannot be easily removed
- Road rash injuries to the face, hands, genitalia, feet, or any joint
- Signs of infection, including fever, increased pain or swelling, etc.
Road rash in motorcycle wrecks often occurs alongside other injuries, such as lacerations and broken bones. It is a good idea to get checked out after the accident so all injuries can be documented and treated without delay.
How Common Is Road Rash After a Motorcycle Accident?
Friction burns are among the most common injuries in motorcycle accidents. A study published in the Journal of Burn Care & Research found that motorcyclists are most likely to suffer road rash on the following areas of the body:
- Hands
- Wrists
- Forearms
- Elbows
- Upper arm
- Shoulders
- Hips
- Thighs
- Knees
- Lower leg
- Ankles
- Feet
- Abdomen
- Chest
- Face
The study notes that most of the patients surveyed only required local wound care for road rash. However, some needed surgery similar to what is required for patients with burn injuries.
Types of Motorcycle Accident Road Rash
Severe road rash injuries after a motorcycle accident generally fall into three distinct categories:
- Laceration: A laceration is a serious cut that creates an open wound. They often require stitches or even surgical repair.
- Avulsion: This occurs when one or more layers of skin are scraped away, leaving the dermis and underlying tissue exposed. Extreme trauma can expose muscles, nerves, and even bone.
- Compression: Skin and other structures can become trapped between the road and the motorcycle or another object. Compression injuries can lead to road rash, damage the muscle, and even break bones.
Lacerations, avulsions, and compression injuries are more than just abrasions. These are serious types of trauma that can have lasting physical, mental, and financial consequences.
Degrees of Road Rash Injuries
Road rash is often classified by degrees, similar to burn injuries. The three degrees of road rash injuries are:
- First-degree: As with first-degree burns, first-degree road rash is usually considered a minor injury. They typically consist of scrapes that, while painful and causing redness, tend to be superficial and heal on their own.
- Second-degree: Damage from second-degree road rash may involve both the epidermis and the dermis. Wounds may bleed heavily, swell, and even scar. Infection is also more likely because the wound is deeper, allowing debris to get under the skin.
- Third-degree: The most serious type of road rash, third-degree friction burns penetrate all the layers of skin and may damage the tissues underneath. Risk of infection and permanent scarring is extremely high.
If you fall off your bike or are propelled over the handlebars, multiple parts of your body might make contact with and slide along the roadway. Road rash injuries may be widespread in these situations.
When Can You Sue for Road Rash After a Motorcycle Accident?
If the motorcycle accident was the result of someone elseās negligence, you can bring a claim for damages against them. This may include the driver of a motor vehicle, a government entity that fails to keep the road safe, etc.
You will need to prove negligence for your claim to succeed:
- The defendant owed you a duty of care.
- The actions of the defendant breached this duty.
- Your injuries were caused by the defendantās actions.
- You sustained damages as a result of your injuries.
Satisfying each of these elements requires strong evidence. A skilled lawyer will investigate to identify all liable parties and gather the evidence you need.
How Long Do I Have to Sue?
The statute of limitations in West Virginia is 2 years from the date of the accident. You donāt have much time to make a claim for road rash after a motorcycle accident, so we recommend seeking legal counsel right away.
Contact a motorcycle accident lawyer in Morgantown today.
What If I Was Partly At Fault?
Fault can be a complicated issue in motorcycle accident claims. Drivers often blame riders for the crash. If you hear this from the driver or their insurance company, you might think you have no legal options.
Thankfully, that might not be the case. Ohio law uses a modified comparative negligence system. Claims are only barred if the plaintiffās share of fault is more than 50%. They may still be entitled to damages, but the recovery is reduced according to the percentage of fault.
Allegations of fault can be disputed. If you are being blamed, a skilled motorcycle accident lawyer can get the evidence needed to prove you have a case and recover the damages you deserve.
Can I Claim Compensation for Road Rash?
You may be entitled to compensation for road rash after a motorcycle accident if the crash was caused by someone else. Damages may be recovered via a settlement with the insurance company or by obtaining an award from the court at trial. Most cases settle, but it is important to be prepared to sue and go to trial if necessary.
Damages that may be recovered for road rash and other injuries in a motorcycle accident claim include:
- Medical expenses for emergency room care, surgery, hospitalization, and more
- Lost wages from time you are unable to work
- Future medical, rehabilitation, and therapy costs
- Loss of earning capacity, if you are unable to work anymore
- Pain and suffering
- Scarring and disfigurement
- Mental and emotional distress
- Permanent disability
- Loss of enjoyment of life
Calculating the losses from a road rash injury is best left to a knowledgeable attorney. They can account for all of the damages you are due, as well as consult expert witnesses to identify any additional compensation.
Road Rash from a Motorcycle Wreck? Contact Colombo Law Today
As a motorcyclist, you wear a helmet and other gear to protect yourself. You follow the rules of the road, and expect other drivers to use the same care. Unfortunately, motorists often fail to see motorcycles or disregard their safety. If you suffered road rash and other motorcycle accident injuries through no fault of your own, you have a right to take legal action.
Colombo Law represents the victims of road rash after motorcycle accidents throughout West Virginia. Call us in Morgantown at 304-599-4229 today for a FREE case review.