Motorcycle accidents often result in more than just bruises and broken bones. One of the most painful and persistent injuries riders can suffer is road rash—abrasions caused by sliding across asphalt or gravel. While some cases are minor, others lead to serious scarring, infection, and long-term physical and emotional damage. If you sustained road rash in a Vermont motorcycle accident, you may wonder whether you have the right to sue. The short answer: yes, but it depends on the specifics of the crash.
This article breaks down when road rash may justify a lawsuit, how liability is determined, and what kind of compensation you could be entitled to in Vermont.
What Is Road Rash and Why It Matters in a Vermont Legal Claim
Road rash isn’t a simple scrape—it can involve deep layers of skin and even muscle. There are three grades of severity:
- First-degree: Minor abrasions with redness and superficial skin damage
- Second-degree: Deeper injury that breaks the skin, sometimes requiring stitches
- Third-degree: Full-thickness wounds that may need skin grafts and carry a high risk of infection or permanent scarring
Severe cases can cause nerve damage, disfigurement, and emotional trauma. This is especially relevant in legal claims, where the long-term impact of an injury plays a central role in determining the value of compensation.
Establishing Liability in Vermont Motorcycle Injury Cases
In Vermont, motorcycle accident lawsuits—like other personal injury claims—are governed by comparative negligence. This means each party’s level of fault is assessed and damages are reduced proportionally. You can still sue even if you were partially at fault, as long as you were not more than 50% responsible for the crash.
To succeed in a lawsuit, you must prove that another party (such as a negligent driver or poorly maintained roadway) caused or contributed significantly to the accident. Common scenarios that may support a road rash injury claim include:
- A driver failed to yield while turning left in front of your motorcycle
- A distracted or intoxicated driver rear-ended you
- A vehicle merged into your lane without checking blind spots
- Road debris or potholes that a city or construction company failed to address
In cases involving road maintenance issues, a government entity could be held liable—but those claims require strict notice deadlines and different procedures.
Evidence That Strengthens a Road Rash Lawsuit
Because road rash injuries often heal or change appearance over time, documenting your injuries immediately is essential. Strong evidence in a road rash claim includes:
- Photos of injuries and the accident scene
- Medical records and treatment plans, including skin grafts or plastic surgery
- Expert medical testimony on the severity and long-term consequences
- Witness statements from the crash scene
- Police reports or crash reconstructions if available
Additionally, showing how the injury has affected your daily life—through a personal journal, therapy records, or testimony from family and friends—can add depth to your claim for pain and suffering.
Suing for Non-Economic and Economic Damages in Vermont
Vermont allows motorcycle accident victims to pursue both economic and non-economic damages. For road rash cases, compensation may cover:
Economic damages:
- Medical expenses (initial treatment, surgery, rehab)
- Lost wages during recovery
- Loss of earning capacity if you can't return to your prior job
- Ongoing medical needs (physical therapy, cosmetic procedures)
Non-economic damages:
- Pain and suffering
- Emotional distress, including PTSD or anxiety
- Loss of enjoyment of life, especially if the injury affects mobility or appearance
- Scarring and disfigurement, especially for highly visible wounds
The more severe and lasting the road rash, the more likely non-economic damages will form a significant part of your settlement or jury award.
What If You Weren’t Wearing Protective Gear During a Motorcycle Accident?
Vermont law doesn’t require all motorcyclists to wear protective clothing or body armor, though helmets are mandatory for riders and passengers. Still, lack of gear could factor into how your case is evaluated. If your failure to wear gloves, a jacket, or pants worsened your injuries, a defendant may argue comparative fault to reduce your damages.
That said, Vermont’s comparative fault system still allows you to recover compensation—even if you contributed to the extent of your injury—so long as you were not the primary cause of the crash itself.
Vermont's Statute of Limitations For Motorcycle Accident Lawsuits: Don’t Miss the Deadline
In Vermont, you generally have three years from the date of the accident to file a personal injury lawsuit. This timeframe can be shorter if the defendant is a municipality or state agency, as those claims often require formal notice within as little as 180 days.
Failing to file on time can bar you from seeking compensation, even for serious injuries. That’s why it’s important to speak with a personal injury attorney as soon as possible after your motorcycle crash.
How an Attorney Can Help Maximize Your Compensation
Road rash claims are often underestimated by insurance companies. Adjusters may try to downplay your pain or argue that your injuries aren’t serious enough for a large payout. A knowledgeable Vermont motorcycle accident attorney can:
- Gather medical evidence and expert opinions
- Reconstruct the crash to identify all liable parties
- Push back against lowball offers
- Present a strong case for the full scope of your damages
Having legal support is especially important if your road rash resulted in scarring, emotional trauma, or missed work. An attorney can help quantify these less visible but very real losses.
Conclusion
Road rash after a Vermont motorcycle accident isn’t just a scrape—it can be a serious, life-altering injury. If another party’s negligence contributed to your crash, you may be entitled to sue for both financial and personal losses. Documenting your injuries, understanding your legal rights, and speaking with an experienced attorney can make all the difference in getting the compensation you deserve.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Vermont Personal Injury 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.