I Have a Medical Condition. Do I Still Get Money for a Motorcycle Crash?

Absolutely. If a victim has a pre-existing medical condition that increases the risk and/or severity of a motorcycle crash injury, maximum compensation is still available. These individuals need more legal protection, not less.

The eggshell skull rule applies in these cases. The rule applies to victims with eggshell skulls, glass jaws, or other vulnerabilities, whether due to a prior injury or other medical condition. All jurisdictions recognize this rule, and California’s version is particularly comprehensive. More on that below.

Because of the eggshell skull rule, all victims are equal in the sight of the law, at least in terms of compensation for their injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. A Carlsbad personal injury lawyer can obtain additional punitive damages, in some cases.

The Eggshell Skull Rule in California

The eggshell skull rule, also called the thin skull rule, forces tortfeasors (negligent drivers) to take the victim as they find them.

This doctrine is rather informal in many states. But in California, the eggshell skull rule is embedded in CACI No. 3928, which highlights “unusually susceptible plaintiffs.” This rule prevents insurance companies from blaming motorcycle accident victims for their own physical , mental, or other vulnerabilities.

A low-speed motorcycle crash is a good example. If a tortfeasor bumps a motorcyclist at a stoplight, that collision would normally cause minimal injuries, at most. But if the victim has osteoporosis or a prior spinal condition, that tap could cause serious injuries requiring surgery. Under the eggshell skull rule, the tortfeasor is liable for the full extent of those injuries, even though the severity was unforeseeable.

However, a Carlsbad personal injury lawyer must distinguish between a preexisting condition itself and the aggravation of that condition. A victim may recover damages only for the worsening caused by the tortfeasor, not for unrelated prior injuries or illnesses. Courts often rely on medical evidence to determine the extent of aggravation.

Motorcycle Crash Injuries

The eggshell skull rule often directly affects motorcycle crash injuries. These injuries are bad enough as it is. The motorcycle rider accident fatality rate is about thirty times higher than the four-wheel vehicle occupant crash fatality rate.

Post Traumatic Stress Disorder is a good example of the interplay between motorcycle crash injuries and pre-existing conditions.

Before we go further, we should note that PTSD is a physical brain injury, just like a concussion. Stress creates a chemical imbalance in the brain. Symptoms of this imbalance include hypervigilance, depression, anger, flashbacks, and nightmares.

Generally, Uncomplicated PTSD is the biggest concern in these cases. “Uncomplicated” simply means that a single tragic event, like a motorcycle crash, causes the amygdala to enlarge and the hippocampus to shrink.

The amygdala controls emotional responses and the hippocampus controls logical responses. So, when the two are out of balance, emotional reactions overwhelm logical reactions.

However, if the victim has experienced trauma previously, a seemingly minor motorcycle crash could cause Complicated PTSD, or the cumulative effect of multiple stressful events.

Contact a Hard-Working San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.