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Can I Sue for Road Rash Injuries from a Motorcycle Accident in Georgia?

Compared to motor vehicle accidents, there is significantly less protection for motorcyclists. All that separates a rider from the ground is his or her helmet and gear. Unfortunately, this means that injuries like road rash are more common and can be more severe.

There are several factors that affect your ability to receive compensation after a motorcycle accident. For one thing, there is a two-year statute of limitations on personal injury claims, so it is vital that you file for compensation as soon as possible. Our personal injury lawyers at Prieto, Marigliano, Holbert & Prieto, LLC have the experience and expertise to help you get the fairest possible compensation for your injuries.

Types of Road Rash

You may be surprised to learn that not all road rash is the same. Sometimes the injuries are superficial. Other times, however, road rash can require immediate medical attention and pose life-threatening risks to the victim.

First-degree road rash refers to minor injuries caused by sliding on the road after an accident. These cuts and abrasions are superficial. People suffering from first-degree road rash require little more than first aid insofar as medical care.

However, if a road rash injury penetrates the skin beyond the surface level, this is likely second-degree road rash. Unfortunately, these injuries often cannot be treated with basic first aid. Extensive medical intervention is usually necessary to recover from second-degree road rash injuries.

Third-degree road rash injuries are the most serious type of this category because these can penetrate the skin at a deeper level. What this means is that the body becomes more susceptible to infection. Even surgical interventions like skin grafts may be required. Given the nature of these injuries and the potential for infection, third-degree road rash can actually be life-threatening if not treated quickly.


In the state of Georgia, you are entitled to seek compensation for damages and injuries caused by another driver’s negligence. Road rash is one of those injuries.

When filing a personal injury claim, you may think that you are only entitled to demand monies for medical expenses. However, you can also sue for economic damages you may have suffered as a result of your accident. This includes lost wages and damage to your property – in this case, your car. You may also seek compensation for the mental anguish that you never should have suffered in the first place.

At-Fault Drivers

Georgia law requires an at-fault driver to pay for the damages he or she causes in an auto accident. However, there is a catch: if blame can be shared by both drivers, this can affect how much money the courts will award to the victim.

What this means is that the reimbursement you receive for your injuries depends largely on your liability in your motorcycle accident. Even if the other driver is at-fault, if you too were driving aggressively or unsafely, this can reduce the amount of money you receive as part of your settlement.

Likewise, failing to adhere to Georgia’s helmet requirements can be seen as contributing to a motorcyclist’s injuries, and thus reduce the amount the courts feel you are entitled to. Juries are instructed to assign liability for an accident as a percentage. For example, a jury might find a victim 25% liable for his or her injuries. This means that a $10,000 settlement then becomes a $7,500 payout.

At Prieto, Marigliano, Holbert & Prieto, LLC, we have seen hundreds of cases just like yours. We can help you make your claim as comprehensive as possible so the court understands your situation and rewards you accordingly.

Are You the Victim of an Accident Involving Road Rash? Get Representation Today!

If you have suffered road rash as the result of a motorcycle accident, you have two years to file a personal injury claim for road rash. And even if your injuries only seem minor, you should still file a claim. While the process may feel overwhelming, you will regret not filing a claim if you begin to suffer pains related to the accident later on.

An experienced personal injury lawyer can guide you through the process and help you make sure your claim is air-tight. Our knowledgeable personal injury lawyers at Prieto, Marigliano, Holbert & Prieto, LLC have the expertise to handle even the most complex of motorcycle accident and road rash cases.

Call us at (855) 329-7144, or fill out our contact form on the right to set up an appointment with Prieto, Marigliano, Holbert & Prieto, LLC today. You have no obligation to retain us, and your initial consultation is free. With time running out on your personal injury claim, we strongly urge you to contact us today!