Pursuing full recovery for injured pedestrians and their families in Aberdeen, SD.

If you were hit by a vehicle while walking in Aberdeen, you may be entitled to seek compensation for your injuries and other losses. But the driver’s insurer may try to argue that you stepped out or were not visible. Our Aberdeen, SD pedestrian accident lawyer gathers the evidence that shows what really happened and who is at fault. Loos, Sabers & Smith, LLP has represented injured South Dakotans for decades and takes these cases on contingency. Reach out for a free consultation to talk through your options.

Pedestrian Accident Lawyer Aberdeen, SD

A pedestrian accident claim is a personal injury case against the driver whose negligence caused the crash. Drivers owe a duty of care to people on foot, especially near crosswalks and intersections. A failure to yield or to watch the road can leave the driver responsible for the harm that follows.

A pedestrian accident attorney gathers the police report, any video, and the medical records to build a case for compensation. The lawyer deals with the insurer, working to establish the driver’s fault, and the full extent of the injuries caused.

Types of Pedestrian Accident Cases We Handle in Aberdeen

People on foot are hurt in a range of situations, and most trace back to a driver who was not paying attention. We handle the types of pedestrian accidents below, along with the related Aberdeen accident claims that often come with them.

• Crosswalk and intersection crashes. A driver turning or failing to yield can strike a person who has the right of way. We use signal timing, any video, and witness accounts to show the failure to yield. Right-of-way at a marked crossing favors the person on foot.

• Backing and parking-lot crashes. A driver reversing or moving through a lot may not see a person behind or beside the vehicle, where the speeds are low but the injuries are still serious. Even a low-speed strike can break bones.

• Distracted and speeding drivers. A driver looking at a phone or going too fast has less time to react to someone on foot, and phone or vehicle data can help prove what happened. Higher speed shortens the time a driver has to stop.

• Crashes after dark. Low light makes pedestrians harder to see, but the duty to drive safely for the conditions remains, and the lighting and the driver’s speed become part of the case.

• Hit-and-run. When a driver flees after striking a pedestrian, we work to identify them and pursue uninsured motorist coverage under the available policies. Time matters in tracking down the driver.

• Car accidents. Most pedestrian cases involve a passenger vehicle. 

• Motorcycle accidents. Riders may speed or weave in and out of traffic lanes, posing serious dangers for pedestrians. 

• Truck accidents. A crash with a commercial truck causes more severe injuries and more liable parties. 

Why Choose Loos, Sabers & Smith, LLP as my Pedestrian Accident Lawyer in Aberdeen, SD?

Trial Lawyers Who Hold Drivers Accountable

Both partner attorneys earned their law degrees at the University of South Dakota. Courtney Clayborne is a Certified Civil Trial Specialist recognized by the National Board of Trial Advocacy. His years defending insurers give him a clear understanding of how they try to shift blame onto a pedestrian. Michael Loos has represented injured people since 1994 and has been selected to Super Lawyers for his success handling personal injury cases. A driver’s insurer weighs a claim differently when the firm behind it is ready to take the case to trial. 

Contingency Representation for Injured Pedestrians

As a personal injury lawyer in Aberdeen, SD, the firm has recovered millions of dollars for injured clients across accident matters. Someone recovering from a serious injury should not have to pay up front to pursue a claim. We take pedestrian cases on a contingency basis, so a client pays no attorney fees unless we recover compensation. Our firm has more than 60 years of combined legal experience among its attorneys.

Understanding Pedestrian Accident Cases

Damages, Liability, and Compensation for Pedestrian Accident Cases

A pedestrian claim is built on who caused the crash and what it cost the person who was hurt. Because the injuries are often severe, the value of a claim has to look well past the first round of treatment.

• Economic damages. Hospital care, surgery, rehabilitation, and lost income are the measurable losses and a large part of the personal injury damages in a claim.

• Non-economic damages. Pain, scarring, and the lasting effect of a serious injury on daily life are real harms, even though they carry no receipt.

• Liability. Most claims rest on a driver who failed to yield, to look, or to slow for conditions, and proving that failure is the heart of the case.

• Comparative negligence. Insurers often argue the pedestrian darted out or crossed against a signal. South Dakota still lets an injured person recover if that fault was slight compared with the driver’s, with the award reduced in proportion.

• Wrongful death. When a pedestrian crash is fatal, the family may bring a claim, and the reasons to involve a wrongful death attorney are the same ones that apply to a serious injury.

• The value of a claim. The injuries, the long-term effects, and the available coverage all factor into the value of your claim.

What Are Important Aspects of a Pedestrian Accident Case?

A few things tend to decide how a pedestrian claim turns out, and several of them push back on the assumption that the person on foot was at fault.

• The evidence. Surveillance video, the crash report, and the scene measurements carry real weight, and the role of evidence grows once the insurer disputes fault.

• The injuries. A pedestrian often suffers head trauma and fractures, and a serious head injury may call for a brain injury attorney‘s attention to the long-term picture.

• The blame-shifting. The insurer’s first move is often to fault the pedestrian, and answering that with facts is part of the work.

• Whether there is a claim. The duty a driver owed and the harm you suffered decide whether you have a case, which a consultation can clarify.

What Is the Pedestrian Accident Case Timeline?

The length of time it takes to resolve a case depends on the severity of the victim’s injuries and the insurer’s willingness to settle fairly.

• Treatment and investigation. Medical care begins while the scene, the video, and the witnesses are still available.

• 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 and the proof of fault.

• 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 Pedestrian Accident Consultation?

Documentation is not required to schedule a consultation. If you have any information or evidence regarding the accident, please bring it to the initial meeting. 

• The crash report. The police report and any citation issued to the driver.

• Photos and witnesses. Images of the scene and your injuries, and the names of anyone who saw the crash.

• Medical documents. Records and bills from the treatment you have received.

• Insurance and wage records. The driver’s insurance details if you have them and proof of any missed work.

The first consultation is free and carries no obligation. We will tell you whether you have a claim and how our firm can help.

What Are Important South Dakota Legal Resources for Pedestrian Accident Cases?

These sources outline the South Dakota laws behind a pedestrian claim. The federal pedestrian safety page covers the wider risks. They are public references, not a replacement for legal advice.

• Statute of limitations: South Dakota generally gives three years from the date of the crash to file a personal injury lawsuit, set out in the South Dakota Codified Laws.

• Negligence: the state follows a slight or gross comparative negligence rule, under which a partly at-fault pedestrian 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 pedestrian 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

When a pedestrian is hurt, the medical needs come first, and the legal side can begin. Contact us for a free consultation, and we will look at how the crash happened, who is responsible, and what compensation may be owed. Don’t wait to get the legal guidance you need to hold the negligent party accountable for all you have suffered.