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Motorcycle Accident Lawyer South Dakota

Whether you have been in a minor or serious crash, our South Dakota motorcycle accident lawyer can assist you and provide legal help. You can possibly recover compensation for the losses that you have experienced, such as medical expenses, property damage, pain and suffering, and many other types of damages. Our qualified and accomplished lawyers at The Law Offices of Clayborne, Loos & Sabers LLP can complete all the complicated legal tasks involved in your personal injury claim so that you can solely focus on your mental and physical recovery. Our attorneys have over 60 years of combined experience in personal injury law. Call our office today to get started with a free consultation.
Motorcycle Accident Lawyer in South Dakota
When you are deciding what kind of lawyer to hire, you should consider their qualifications. Work with a lawyer who has enough years of experience to effectively handle your case. Find a lawyer who communicates and takes the time to explain the facts to you.
Our legal team has won several awards, including Best Law Firm in 2021 and top ranks on the Great Plains Super Lawyer List for 5 consecutive years. We can assist you with every step of your motorcycle accident claim. Learn more about how our esteemed personal injury lawyer can help you and reach out to our law firm as soon as possible.
How a Motorcycle Accident Lawyer Can Help
Our South Dakota motorcycle accident attorney has a lot to offer. Turning to our lawyer in a time of need is something that a lot of people do when they are unsure of how to handle a potential legal case. When things get too time-consuming or the legal jargon begins to weigh you down, it may be wise to turn to our professional lawyer who can help with your motorcycle accident case. These types of injury claims, like most legal cases, have a lot of moving parts and details that are involved. Here are some other ways that our personal injury lawyer can assist:
Guidance
Guidance is something that everyone can benefit from. No matter which profession or skill set someone is in or has, there will always be an area where they have little knowledge and would benefit from some guidance. Our South Dakota motorcycle accident lawyer can offer strategic advice for personal injury claims. When difficulties arise in a case, we are here to offer a guiding and steady hand to keep your claim on track.
Support
Whether we are going through a difficult time or are trying to pursue something, support is most often a benefit. The same goes for motorcycle accident cases. In the aftermath of a wreck, there will be a variety of different things to deal with, such as dealing with the insurance company and having to negotiate a settlement. You may also have to talk with the legal team of someone else involved in the accident. Our lawyers are here to offer our support with any of the difficulties that arise in the case while protecting your best interests.
Experience
Our firm has ample experience in helping clients reach settlements in their accident claims. There are quite a few different settlement items that need to be thought through in these cases. For example, pain and suffering is one of these items and so is the time needed to stay in a hospital or the expenses from visiting with a doctor. The experience our firm has can help you feel at ease in the case and make sure that you are being taken care of. Our attorneys have secured millions of dollars in settlements for accident victims.
Knowledge
Our knowledge of personal injury and motorcycle accident cases has helped many clients feel confident about their cases. Oftentimes, people have very little experience with the legal system or with settlement negotiation. Our knowledge is key in these situations as we understand what the opposing party is trying to do and we also understand the law and how a case works. Contact us today to speak with our South Dakota personal injury lawyer.
Legal Assistance is Available
As an accident victim, you do not have to go through the ordeal of a personal injury claim alone. If you have been in a recent accident you are encouraged to go to our lawyer for assistance. We will help you understand your right, fighting to protect you from the tactics of the insurance company. For more information, call our law firm now and see how our legal services can benefit you and get help from our trusted motorcycle accident attorney.
Understanding Motorcycle Accident Cases
Motorcycle accidents can be particularly harrowing, not just because of the immediate physical injuries they can cause, but also due to the challenging legal battles that often follow. These legal difficulties require skilled representation from our experienced South Dakota motorcycle accident lawyers so that you get the justice and compensation you deserve.
The Importance Of Specific Cases
Every now and then, a case surfaces that captures the attention of the legal community and the general public alike. One such case is State v. Janklow. This case serves as a potent reminder of how the legal outcomes of motorcycle accidents can be influenced by various factors and circumstances.
In State v. Janklow, the former South Dakota Governor and U.S. Representative, William Janklow, was involved in a fatal collision with a motorcyclist. The case highlighted the intersection of political prominence, public opinion, and legal proceedings. Janklow was eventually convicted of second-degree manslaughter among other charges.
Key Takeaways For Victims And Families
Cases like Janklow are a testament to the importance of seeking proper legal representation in the aftermath of a motorcycle accident. Here are some insights from the case:
Accidents Can Happen To Anyone
No one, regardless of their social or political standing, is above the law. Accidents can happen, and when they do, justice must prevail.
The Value Of Evidence
The specifics of the accident, such as eyewitness accounts, forensic evidence, and expert testimonies, played an influential role in the Janklow trial. It emphasizes the need for victims and their families to gather as much evidence as possible following an accident.
Media And Public Opinion
Given Janklow’s public profile, the case received significant media attention. This serves as a reminder that public perception can influence legal proceedings, but our skilled South Dakota motorcycle accident lawyer can overcome this obstacle to secure a fair trial.
Protecting Your Rights
It’s vital to remember that every motorcycle accident case is unique. However, there are universal principles that remain consistent – the importance of preserving evidence, the steadfast protection of your legal rights, and having our competent attorney to represent your interests.
In the often emotionally charged aftermath of a motorcycle accident, victims and their families can feel overwhelmed. The legal maze of insurance claims, potential lawsuits, and the intricacies of the justice system can be daunting. But with the right representation, the law becomes less intimidating.
It’s also worth noting the human element in all legal battles, especially those surrounding tragic incidents like motorcycle accidents. Compassion is vital. Understanding the emotional and physical trauma that victims and their families undergo can shape the legal strategy. It makes sure that while the law is upheld, the human stories behind these incidents are never overshadowed or forgotten. Such empathy, combined with our skilled South Dakota motor vehicle accident lawyer, often leads to the best outcomes for all parties involved.
Causes of Motorcycle Accidents
Motorcycle accidents are a significant concern on the roads, and they can occur due to various reasons. Understanding these causes is important for prevention and legal considerations in the event of a crash. Here are some of the primary causes of motorcycle accidents:
- Speeding: Exceeding the speed limit is a common cause of motorcycle accidents. High speeds reduce the rider’s reaction time and increase the severity of accidents.
- Distracted Driving: Distractions, such as using a mobile phone, adjusting the radio, or not paying attention to the road, can lead to serious accidents, particularly for motorcyclists who require constant focus to maintain balance and control.
- Drunk Driving: Operating a motorcycle under the influence of alcohol or drugs impairs judgment, coordination, and reaction times, significantly increasing the risk of accidents.
- Unsafe Lane Changes: Motorcycles can be easily overlooked due to their smaller size, making them vulnerable to accidents caused by cars making unsafe lane changes or failing to check their blind spots.
- Fatigue or Sleepiness: Riding a motorcycle requires physical and mental alertness. Fatigue or sleepiness can impair a motorcyclist’s ability to react quickly to road conditions or hazards.
- Inexperience: Inexperienced motorcyclists might lack the skills needed to handle confusing traffic situations or adverse road conditions, leading to a higher risk of accidents.
- Aggressive Driving: Aggressive maneuvers, such as tailgating, speeding, and weaving through traffic, are dangerous for all vehicles, but especially for motorcycles.
- Lane Splitting: Riding between lanes of traffic or between rows of slow-moving or stopped vehicles (lane splitting) can lead to accidents, especially if other drivers are not anticipating a motorcycle to pass in close proximity.
- Road Conditions: Poor road conditions, such as potholes, uneven surfaces, gravel, or wet roads, pose significant hazards to motorcyclists.
- Weather Conditions: Adverse weather, including rain, snow, and high winds, can be particularly challenging for motorcyclists, affecting visibility and road grip.
- Mechanical Issues: Faulty brakes, worn tires, or other mechanical problems in a motorcycle can lead to loss of control and accidents.
- Vehicle Blind Spots: Motorcycles can easily fall into the blind spots of other vehicles, especially larger ones like trucks and buses, increasing the risk of collisions.
Understanding these causes is essential for motorcyclists to take precautions and for other drivers to be more aware of motorcycles on the road. In the event of an accident, this knowledge is also essential for legal purposes, as it can help determine liability and compensation.
South Dakota
Motorcycle Accident Statistics
According to the National Highway Traffic Safety Administration, motorcycle
riders are 28 times more likely to lose their lives in a wrongful death crash
compared with other motorists on the road. They are also four times as likely
to sustain an injury in a collision. If you have been injured in a crash,
contact our motorcycle accident attorney for legal assistance and to get the
compensation you deserve.
What You Should Do After An Accident
After being involved in a motorcycle wreck, it’s vital to take certain steps to prioritize your safety, protect your legal rights, and prepare for any potential insurance claims or legal actions. Here’s a detailed guide on what to do immediately following a motorcycle accident:
- Prioritize Safety: Move to a safe location if possible to avoid further danger, especially if the accident occurred on a busy road. However, do not move if you are severely injured.
- Check for Injuries: Assess yourself and others for any injuries. Even if the injuries seem minor, they can sometimes be more serious than they initially appear. In particular, symptoms of spine injuries and brain trauma can take awhile to become noticeable.
- Call Emergency Services: Dial emergency services immediately. Report the accident and request medical assistance if there are any injuries. The police will file a report, which is necessary for insurance and legal purposes.
- Exchange Information: Exchange contact and insurance information with the other party involved in the accident. This includes names, addresses, phone numbers, insurance company details, and vehicle registration numbers.
- Gather Evidence: If it’s safe to do so, take photographs of the accident scene, including damage to your motorcycle, other vehicles, and surrounding areas. Capture road conditions, traffic signs, and any skid marks as well.
- Look for Witnesses: Identify any witnesses to the accident and ask for their contact information. Witness statements can be invaluable in legal and insurance proceedings.
- Seek Medical Attention: Even if you feel fine, it’s important to get a thorough medical examination after the accident. Some injuries, like whiplash or internal bleeding, may not be immediately apparent.
- Notify Your Insurance Company: Inform your insurance company about the accident as soon as possible. Be factual about the incident and your injuries but avoid admitting fault or giving detailed statements until you’ve spoken with our injury lawyer.
- Keep Records: Keep all documents related to the accident, including the police report, medical records, receipts for any expenses incurred (like medical bills or repairs), and any correspondence with insurance companies.
- Consult Our Motorcycle Accident Attorney: Consider consulting with our lawyer who specializes in motorcycle accidents. We can offer legal advice, help you understand your rights, and guide you through the process of filing insurance claims or a lawsuit, if necessary.
- Follow Up on Medical Treatment: Follow your doctor’s advice and keep all follow-up appointments. Ongoing medical records are important if you need to prove the extent of your injuries.
- Avoid Social Media: Be cautious about what you post on social media. Insurance companies and lawyers might use your social media posts to argue against your claim.
Remember, the aftermath of a motorcycle accident can be overwhelming, but taking these steps can help protect your health, rights, and interests.
9 Myths About Motorcycle Accident Lawyers
If you are the victim of a motorcycle accident, it could be in your best interest to hire our qualified South Dakota motorcycle accident lawyers. Additionally, it’s important to be aware of certain myths about personal injury claims and working with attorneys, and why some of these common accusations aren’t necessarily true. You deserve to be well-informed when it comes to seeking out professional legal guidance.
Motorcycle Accident Lawyers Are Too Expensive
Many motorcycle accident lawyers work on a contingency fee basis, which means that we only get paid if we win your case. This means that there are no upfront costs and you don’t have to pay anything out of pocket. Our lawyer’s fee is a percentage of the compensation that you receive.
Motorcycle Accident Lawyers Only Care About Making Money
While motorcycle accident lawyers do need to make a living, the best lawyers are passionate about helping their clients. We understand the unique challenges that motorcyclists face and work tirelessly so that you receive fair compensation for your injuries and losses.
Motorcycle Accident Lawyers Are Aggressive and Only Care About Winning
While it’s true that motorcycle accident lawyers are focused on winning our clients’ cases, this doesn’t mean that we are aggressive or unethical. The best lawyers are compassionate and understanding of their clients’ needs, and they work to achieve a fair outcome through negotiation and mediation whenever possible.
Motorcycle Accident Lawyers Are Not Necessary If You Have Insurance
Even if you have insurance, it’s important to seek the advice of our South Dakota motorcycle crash lawyer after an accident. Insurance companies are focused on minimizing their payouts, which means that they may offer a settlement that is much lower than what you are entitled to. Our lawyer can help you understand your legal rights and work to negotiate a fair settlement.
Any Lawyer Can Handle a Motorcycle Accident Case
Motorcycle accident cases are unique and require specialized knowledge and experience. A lawyer who has experience handling car accident cases may not be familiar with the nuances of motorcycle accidents. It’s important to choose our lawyer who has experience handling motorcycle accident cases specifically.
Motorcycle Accident Lawyers Only Take Cases To Court
While some cases do go to court, many motorcycle accident lawyers work to resolve cases through negotiation and mediation. This can be a faster and less stressful process for clients, and it often results in a fair settlement without the need for a trial.
Motorcycle Accident Lawyers Are Only Interested In High-Profile Cases
While some motorcycle accident lawyers may handle high-profile cases, the majority of lawyers work with clients of all types, regardless of the size of the case. Our team understands that every client’s situation is unique, and we are committed to helping all clients receive fair compensation for your injuries and losses.
Motorcycle Accident Lawyers Are Only Interested In Cases With Serious Injuries
While serious injuries may result in higher compensation, motorcycle accident lawyers are also interested in helping clients with less severe injuries. Even minor injuries can result in significant medical bills and lost wages, and our lawyer can help you recover the compensation you deserve.
Motorcycle Accident Lawyer FAQs
Can I Still File a Claim If I Was Partially at Fault for the Motorcycle Accident in South Dakota?
Yes, you may still be able to file a claim for compensation even if you were partially at fault for the motorcycle accident. South Dakota follows a modified comparative negligence rule, which means that as long as you were less than 50% responsible for the accident, you may be able to recover compensation for your injuries and damages. However, your compensation may be reduced in proportion to your level of fault.
What Types of Damages Can I Recover in a Motorcycle Accident Lawsuit in South Dakota?
In a motorcycle accident lawsuit in South Dakota, you may be able to recover a variety of damages, including medical expenses, lost wages, property damage, and pain and suffering. If your injuries are particularly severe, you may also be able to recover damages for future medical expenses, future lost wages, and reduced earning capacity.
What if the Other Party Involved in the Motorcycle Accident in South Dakota Doesn’t Have Insurance?
If the other party involved in the motorcycle accident in South Dakota does not have insurance, you may still be able to recover compensation for your injuries and damages. You may be able to file a claim with your own insurance company, or you may be able to pursue legal action against the other party directly. It’s important to speak with our experienced South Dakota personal injury lawyer to discuss your options and determine the best course of action.
How Much Does It Cost to Hire a Motorcycle Accident Lawyer in South Dakota?
Many South Dakota motorcycle accident lawyers work on a contingency basis, which means that we only get paid if you win your case. In these cases, our lawyer will typically take a percentage of your settlement or court award as their fee. It’s important to discuss fees with our lawyer upfront so that you know what to expect and can make an informed decision about whether to hire us.
How Long Do I Have to File a Motorcycle Accident Lawsuit in South Dakota?
In South Dakota, the statute of limitations for filing a motorcycle accident lawsuit is three years from the date of the accident. This means that you have three years from the date of your accident to file a lawsuit seeking compensation for your injuries and damages. However, it’s important to contact our accident attorney as soon as possible so that you have enough time to build a strong case and seek the compensation you deserve.
Motorcycle accidents can be devastating, but our experienced lawyer can help you manage the legal process and seek the compensation you deserve. If you or a loved one has been involved in a motorcycle accident, don’t hesitate to contact our South Dakota motorcycle lawyer at The Law Offices of Loos, Sabers & Smith LLP. Our team can help you with your case.
It’s Time To Seek Justice
If you or a loved one has been involved in a motorcycle accident, it is essential to make sure that your rights are protected and that you get the compensation and justice you deserve. Our experienced team is here to help. With our deep understanding of motorcycle accident law and our commitment to our clients, you can trust us to provide the representation you need. Contact The Law Offices of Loos, Sabers & Smith LLP today and let us stand by your side in your pursuit of justice.
The Law Offices of Loos, Sabers & Smith LLP, South Dakota Motorcycle Accident Lawyer
2834 Jackson Blvd, Rapid City, SD 57702
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