Personal Injury Home Motorcycle Accidents Road Rash

Colorado Springs Road Rash Lawyer

Key Takeaways

  • Deadline: 3 years if a motor vehicle was involved (C.R.S. 13-80-101(1)(n)); 2 years for most other injury claims (C.R.S. 13-80-102).
  • If you were partly at fault: damages are reduced by your share and barred entirely at 50% (C.R.S. 13-21-111).
  • Where it is filed: El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903.

Is road rash a serious injury?

It is treated as minor and frequently is not.

Deep abrasion removes skin down to and through the dermis, which means debridement, a real risk of infection, sometimes grafting, and permanent scarring and pigment change over a large area. Where gravel or debris is embedded, traumatic tattooing can be permanent without further treatment. It is a disfigurement claim as much as a wound claim.

What should I do about documenting road rash?

Photograph it repeatedly, from the first day, in consistent light with something for scale.

Road rash changes dramatically as it heals and the final appearance — the part that is compensable — does not settle for many months, by which time the early photographs are the only record of how bad it was. Keep the damaged clothing and gear too; it shows the abrasion forces involved.


Representing Those Suffering from Road Rash in Colorado Springs

Road rash is often treated as a minor injury. After all, most people have gotten a scrape when falling off their bike. However, road rash is far from minor. In severe cases, this injury can lead to permanent disability, or even death. To make it even worse, treating this kind of wound is incredibly difficult, and equally costly.

If you have sustained a road rash injury in Colorado Springs due to someone else’s negligence, then you understand how devastating this wound can be. If you want to pursue legal action and demand compensation from the party liable for your injury, then contact The Bussey Law Firm, P.C., to represent you. We fight for our clients and ensure that their rights are protected. Call our Colorado Springs personal injury attorneys at (719) 475-2555 to schedule your free consultation today.

The Degrees of Road Rash

When the skin and any parts of the body below the skin, such as muscle and ligaments, are worn away due to friction from a rough surface, it is considered road rash. Just as with burns, road rash injuries vary in severity. What degree you are suffering from will depend on what the wound looks like, and how deep the damage to your body goes.

First-degree: This is the most minor form of road rash. Typically, it means that just the outer layer of the skin is damaged. A good comparison would be a skinned knee. The skin may be red and slightly torn, but the wound is not deep, nor is it life-threatening. It would still be a good idea to wash the wound out, however, as an infection can develop.

Second-degree: This is when the damage reaches the second layer of the skin. There may be debris such as glass, rubble, or dirt lodged in the wound, and medical intervention could be necessary to get this debris out. While second-degree road rash doesn’t cut through all layers of the skin, it is still deep enough to result in potential scarring and will require medical treatment to prevent any infections and promote proper healing.

Third-degree: This is the most severe and painful kind of road rash. The skin has been completely torn away by the road, leaving muscle and ligaments exposed. In particularly bad cases, even the muscle may be gone, with the damage traveling all the way down to the bone. This level of injury requires immediate medical intervention, otherwise the victim could die from shock or blood loss. There is also a greater likelihood of infection, as debris from the road is likely to be lodged deep in the wound.

In severe cases, road rash can result in serious blood loss, muscle damage, and even permanent disability or loss of a limb.

How Road Rash Happens

Road rash is caused by the body having friction with an abrasive surface. Any kind of injury that causes that kind of friction could result in a road rash injury. Tripping on the sidewalk, for example, could leave you with a scrape that could be considered a first-degree road rash. Common accidents that cause more serious forms of road rash include:

Motorcycle, pedestrian, and bike accidents in particular are common causes of third-degree road rash. Unlike drivers, bikers and people on foot are completely exposed to the road. They do not have four metal walls to keep them safe in the event of a collision. If these people are hit by an oncoming car, they could be sent flying backward and skid across the asphalt. The combination of the road’s rough surface and the force of the impact with the vehicle would quickly strip away the victim’s skin, then muscle and ligaments. Such an injury can become fatal, and those who do make a recovery will still have to deal with the financial burden that comes with serious road rash.

The Costs of a Road Rash Injury

Third-degree road rash is difficult to treat. Unlike with lacerations, stitches cannot be used to close the wound. Road rash is not the slicing of flesh, but the loss of it altogether. But unlike a burn, which is a similar injury, road rash can cause the victim to bleed out. This means that it needs to be treated as quickly as possible.

This will require reconstructive surgery, potentially even skin grafts. Neither of these procedures is cheap. A serious road rash injury could easily cost tens, if not hundreds, of thousands of dollars. That isn’t even to mention the antibiotics victims will need to take to prevent infections, as cleaning a road rash can be incredibly difficult. Even when the wound has healed, victims may still be left with a serious disability, such as a crippled limb, or even a medically required amputation.

If you have suffered a road rash injury in Colorado Springs as a result of someone else’s negligence, you should not be left to shoulder the burden on your own. Thankfully, you can demand that the at-fault party cover the costs of your damages by filing a claim against him or her. In this claim, you can ask for:

  • Past and future medical bills
  • Therapy costs
  • Lost wages
  • Lowered quality of life
  • Loss of enjoyment
  • Pain and suffering

Getting the compensation you deserve, however, will depend on the kind of evidence you can bring to the table. That means pulling medical records, old paystubs, and even talking to potential witnesses who saw the accident and its effect on you. While you’re recovering, you shouldn’t have to worry about such a difficult process. That is why you need to put your claim in the hands of an experienced and trustworthy Colorado Springs injury attorney.

Call The Bussey Law Firm, P.C., for Excellent Legal Representation

You don’t deserve to pay for someone else’s mistakes. If you or a loved one suffered road rash due to a wreck that was not your fault, you are within your rights to demand compensation. Doing so successfully, however, will require the help of an experienced Colorado Springs personal injury lawyer. We at The Bussey Law Firm, P.C., have the skill, dedication, and passion you need for your claim. To speak with us for free, call our firm at (719) 475-2555 today.

What Are the Colorado Deadlines and Rules on This Claim?

Which deadline applies depends on how the injury happened, not on what it is called. Colorado gives three years to a claim arising from the use or operation of a motor vehicle and two years to most other injury claims. Missing the deadline normally ends the claim regardless of its merits.

Colorado deadlines and rules that apply to this claim
A claim arising from the use or operation of a motor vehicle3 years — C.R.S. 13-80-101(1)(n)
Most other personal injury claims2 years — C.R.S. 13-80-102
If you were partly at faultDamages reduced by your share, barred at 50% — C.R.S. 13-21-111
Where a Colorado Springs claim is filedEl Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903

Sources and References

Deadlines are cited by section to the Colorado General Assembly’s published 2024 revised statutes. This page is general information, not legal advice, and does not create an attorney-client relationship.

Past results do not guarantee future outcomes. Every case is decided on its own facts.

Our Colorado Springs Office

The Bussey Law Firm, P.C.
12 E. Boulder Street
Colorado Springs, CO 80903
(719) 475-2555
Monday to Friday, 8:00 a.m. to 10:00 p.m.

Rated 5.0 from 208 Google reviews — see the firm on Google Business Profile.

Colorado Springs Motorcycle Accidents