PROUDLY SERVING SOUTH DAKOTA
Award-Winning Attorneys
The Law Offices of Loos, Sabers & Smith, LLP |
Professional Legal Counsel When You Need it Most
Aberdeen Motorcycle Accident Lawyer
Helping injured riders across Aberdeen pursue full recovery after a motorcycle crash.
If you were hurt in a motorcycle crash in Aberdeen, you are dealing with far more than a damaged bike. Riders tend to suffer the worst injuries in any collision, and they often face an insurance company that assumes the rider was to blame. Our Aberdeen, SD motorcycle accident lawyer investigates how the crash actually happened and pushes back on that assumption. Loos, Sabers & Smith, LLP has represented injured South Dakotans for decades and takes rider cases on contingency. Reach out for a free consultation to talk through your options.
Motorcycle Accident Lawyer Aberdeen, SD
A motorcycle accident claim is a personal injury case against the driver whose negligence caused the crash. A rider has none of the protective shell of a car, a gap that federal motorcycle safety research ties to far higher injury rates, so the value of a claim has to account for long recoveries and lasting harm.
A motorcycle accident attorney gathers the crash report, the scene evidence, and the medical records, then deals with an insurer that may try to pin fault on the rider. Showing what the driver did, and what the rider could not have avoided, is the crux of the case.
Types of Motorcycle Accident Cases We Handle in Aberdeen
Most motorcycle crashes trace back to a driver who never saw the rider or failed to yield. We handle the situations below, along with the related Aberdeen accident claims that follow them.
Left-turn collisions. A driver turning left across a rider’s path causes some of the most common and most serious motorcycle crashes. We use the scene, the damage, and any video to show the failure to yield. These crashes happen fast, so an independent witness can be decisive.
Lane-change and blind-spot crashes. A driver who merges without looking can force a rider off the road or into another lane. Witness accounts and the point of impact often tell what happened. We move quickly to find the driver’s account before it hardens.
Rear-end collisions. A rider slowing or stopped can be struck from behind by an inattentive driver, with results far worse than a fender bender. We document the full extent of the harm.
Unsafe road conditions. Potholes, loose gravel, and debris that a car would shrug off can put a rider down, and a government entity responsible for the road may share the blame. Identifying the agency at fault takes prompt investigation.
Intersection crashes. A driver who runs a stop sign or signal, or simply does not look, puts riders at real risk, and the right-of-way question tends to drive the case. Footage from nearby businesses can settle the dispute.
Car accidents. When a passenger vehicle causes the wreck, the claim runs against that driver and insurer.
Truck accidents. A motorcycle against a commercial truck is especially severe, and more than one party may be liable.
Why Choose Loos, Sabers & Smith, LLP as my Motorcycle Accident Lawyer in Aberdeen, SD?
Trial Lawyers the Insurers Take Seriously
Courtney Clayborne is a Certified Civil Trial Specialist recognized by the National Board of Trial Advocacy. He spent years on the defense side for major insurers, so he knows how they value and contest a rider’s claim, and where their valuations tend to fall short. Michael Loos has handled serious injury cases since 1994 and has been named to Super Lawyers for personal injury representation. An insurer treats a claim differently when the firm behind it is prepared to try the case rather than settle for less. Both attended the University of South Dakota law school.
Contingency Representation for Injured Riders
As a personal injury lawyer in Aberdeen, SD, the firm has recovered millions of dollars for injured clients across accident matters. We take motorcycle cases on a contingency basis, so a rider pays no attorney fees unless we recover compensation. That structure lets someone focused on healing pursue a claim without spending money out of pocket. Working from its Rapid City base, Loos, Sabers & Smith, LLP serves riders in Aberdeen, Brown County, and across South Dakota, with more than 60 years of combined legal experience among its attorneys.
Understanding Motorcycle Accident Cases
Damages, Liability, and Compensation for Motorcycle Accident Cases
A motorcycle claim is based on who caused the crash and what it cost the rider. Those two answers shape both the strategy and the value of the case.
Economic damages. Hospital care, rehabilitation, a replaced bike, and lost wages are the measurable losses, and they often run high after a serious crash.
Non-economic damages. Pain, scarring from road rash, and the loss of the freedom of riding are real harms that make up much of the personal injury damages in a claim.
Liability. Fault usually rests with a driver who failed to see or yield to the rider, and proving that is the heart of the claim.
Comparative negligence. Insurers often argue a rider was speeding or not wearing a helmet. South Dakota still lets a rider recover if that fault was slight compared with the driver’s, with the award reduced in proportion.
The value of a claim. The injuries, the long-term effects, and the available coverage all factor in, and we help you weigh the value of your claim.
What Are Important Aspects of a Motorcycle Accident Case?
A few things tend to decide how a rider’s claim turns out, and several involve overcoming assumptions about motorcyclists.
The bias against riders. Adjusters and jurors sometimes assume the rider was reckless. Separating fact from fiction with hard evidence is part of the work.
The insurer’s approach. The insurance companies look for any reason to reduce a payout, and an early recorded statement can be turned against you.
The injuries. Riders often suffer head injuries, fractures, and road rash, and the medical record has to capture the full picture.
The evidence. The bike, the gear, the scene, and the crash report all carry weight, and they are easiest to preserve early. A delay can mean the bike is repaired or scrapped before it is examined.
What Is the Motorcycle Accident Case Timeline?
Every claim moves differently, but most follow a familiar path. Knowing the steps after a crash helps a rider protect the case from the start.
Treatment and investigation. Medical care begins and the evidence from the scene is gathered and preserved.
Reaching a stable recovery. The claim is best valued once the injuries and the long-term outlook are clear.
The demand. A demand goes to the insurer, supported by the documented losses.
Negotiation. Many claims settle here, after some back and forth over fault and value.
Lawsuit. If no fair offer comes, a suit is filed before the deadline to keep the claim alive.
What Should You Bring to Your Motorcycle Accident Consultation?
Bring all documentation you have about the crash so we can review the claim accurately. Our attorney will collect additional information if you move forward. If you don’t have evidence, still schedule a consultation to learn about your options.
The crash report. The police report and any citations from the scene.
Photos and gear. Images of the bike and scene, and the helmet or gear you were wearing.
Medical documents. Records and bills from the treatment you have had so far.
Insurance and wage records. Coverage details for everyone involved and proof of any missed work.
The first consultation is free and carries no obligation. We will tell you whether you have a valid claim and what the legal process could look like.
What Are Important South Dakota Legal Resources for Motorcycle Accident Cases?
These sources let a rider read the South Dakota laws behind a claim and follow a case once it is filed. They are public references, not advice for your situation.
Statute of limitations: South Dakota generally allows three years from the date of the crash to file a personal injury lawsuit, found in the South Dakota Codified Laws.
Negligence: the state uses a slight or gross comparative negligence rule, under which a partly at-fault rider may recover only if that fault was slight next to the driver’s, with damages reduced in proportion.
Damages: state law allows both economic and non-economic damages in most injury cases, and the codified laws are where the current rules can be confirmed.
The courts: a motorcycle case in Aberdeen is filed in the Brown County court, and a case records search shows hearing dates and case details.
Reach Out to Loos, Sabers & Smith, LLP to Schedule a Consultation
A motorcycle claim is strongest when the scene, the bike, and the medical records are documented early, before the insurer settles on its own version of events. Contact us for a free consultation, and we will review the crash, your injuries, and the coverage, then explain what your claim involves. There is no fee unless we recover compensation for you.
LOCATIONS SERVED
South Dakota
Rapid City, SD
Sturgis, SD
Spearfish, SD
Deadwood, SD
Black Hills, SD
Case Results
$4,999,257
Arbitration award for wrongful termination of contract; upheld on appeal; Spiska v. SPM Thermo-Shield, 730 N.W.2d 683 (SD 2007)
$1,250,000
Policy limits settlement involving bi-lateral lower leg fractures caused by head-on collision.
$690,000
Settlement regarding spousal assault
$500,000
Policy limits settlement for traumatic brain injury and vision deficits as a result of motor vehicle accident
$400,000
Settlement for insurance bad faith related to wrongful denial of workers compensation benefits
$300,000
Verdict for traumatic brain injury from motor vehicle accident
$160,000
Settlement for assisted living resident injured while being transported to medical appointment
$100,000
Settlement for fall at assisted living center
GOOGLE REVIEW
Client Review
“I witnessed Holly in trial she won our case for us, I was very impressed by her she was very professional and her demeanor was amazing. She has the greatest personality and she truly wants the best for her clients. I will come to her for all of my legal issues. Thank you Holly for giving our family justice.” Lauren Sewell