Motorcycle Accident Lawyer Sioux Fall, SD

Common Causes of Motorcycle Accidents

As seasoned attorneys at The Law Office of Clayborne, Loos, and Sabers, LLP, we have witnessed firsthand the devastating impact motorcycle accidents can have on individuals and their families. Through our extensive experience, we have identified several common causes of motorcycle accidents, which are crucial for every rider and road user to understand. Our aim is not just to represent victims effectively as their motorcycle accident lawyer in Sioux Falls, SD, but also to educate and prevent such accidents from occurring in the first place.

Lack of Visibility

One of the primary causes of motorcycle accidents is the lack of visibility. Motorcycles are significantly smaller than cars and trucks, making them less visible to other drivers, especially at intersections, during night time, or under poor weather conditions. We often stress the importance of wearing reflective or brightly colored clothing and ensuring that the motorcycle’s lights are functioning properly to enhance visibility.

Road Hazards

Another common cause of motorcycle accidents involves road hazards. Due to the smaller size and less stable nature of motorcycles, what might be a minor inconvenience for a car can be a serious hazard for a motorcycle. Potholes, uneven road surfaces, loose gravel, and debris can cause a motorcyclist to lose control. We advocate for local authorities to maintain roads properly and for riders to remain vigilant and cautious, especially on less familiar routes.

Speeding and Reckless Driving

Speeding and reckless driving are significant contributors to motorcycle accidents. High speeds reduce the reaction time available to a rider to avoid an accident and increase the severity of injuries in the event of a crash. We consistently advise our clients and the community to adhere to speed limits and practice defensive driving techniques.

Alcohol and Drug Use

Impairment due to alcohol or drugs is a leading factor in motorcycle accidents. Operating a motorcycle requires fine motor skills, balance, and the ability to make rapid decisions—all of which are impaired by substance use. As legal professionals, we not only represent victims of such negligence but also participate in community initiatives aimed at reducing drunk driving and promoting road safety.

Inexperience and Lack of Training

Riding a motorcycle requires a unique set of skills that is vastly different from driving a car. Inexperience and lack of proper training can lead to accidents, as new riders may not know how to handle certain road conditions or emergency situations. We encourage all riders to undergo formal training and practice regularly to develop their skills.

We Can Help You Get the Compensation You Deserve

There’s no magical device for turning back time and stopping a motorcycle accident from happening. However, our team can help you and your family better deal with the outcome of a motorcycle accident by giving you the proper legal representation. With our help, you can gain more compensation, covering everything from medical expenses, lost wages, pain and suffering, emotional distress, and more. 

Don’t Let The Insurance Companies Take Advantage of You

You may already know that you must file a claim with your or the other person’s insurance company. However, you should always be wary of any settlement offer, especially if the claim has a quick turnaround. Insurance companies understand that motorcycle accident victims often aren’t aware of how much they can receive in a settlement. This lack of knowledge, combined with mounting medical bills and stress, is enough to force victims to accept a low settlement offer. Our team can ensure you receive a fair settlement and negotiate on your behalf. 

Strategies We Can Use to Help You Get a Fair Settlement

At The Law Offices of Clayborne, Loos & Sabers LLP, we can work directly with you to ensure you receive a fair settlement. We can negotiate with the insurance companies and apply legal pressure when necessary. We can also help you gather all the necessary evidence for your case, which can include the following:

• Police and medical records
• Personal and eyewitness testimonies
• Pictures of the incident—including any personal injuries sustained
• License plate number
• CCTV footage
• Testimony from medical experts or motorcycle accident reconstructionist experts

While some of this evidence you can gather on your own, evidence like CCTV footage can be nearly impossible without an attorney’s help. 

We Approach Your Case with Empathic Honesty

An important reason to hire an attorney is to help remain objective during a case like a motorcycle accident. Likely, you and your family may feel a wide range of emotions, ranging from sadness, anger, hopelessness, and more. You may even need to grieve the loss of a loved one. Our team exercises empathy when working with motorcycle accident victims and their families. However, we also can help you and your family remain objective by always giving you our honest advice and opinions. By having our team handle the legal aspects of the situation, you and your family can have more time to work through and accept the situation. If you need a Sioux Falls motorcycle accident lawyer, reach out to The Law Offices of Clayborne, Loos & Sabers LLP today! 

Why You Should Consult with a Lawyer

Motorcycle accidents can be devastating incidents that result in severe injuries and financial burdens for those involved, so it is important to consult a Sioux Falls motorcycle accident lawyer. You may be entitled to compensation for your losses. A lawyer from The Law Offices of Clayborne, Loos & Sabers LLP can help you get justice.

A motorcycle accident lawyer is a legal professional who has in-depth knowledge of traffic laws, insurance policies, and personal injury litigation. They understand the unique challenges faced by motorcycle riders and are well-versed in the intricacies of motorcycle accident cases. Their primary objective is to protect the rights and interests of their clients while striving to obtain the maximum possible compensation for their injuries, medical expenses, lost wages, and pain and suffering.

Lawyers Can Help with Wrongful Death Claims

It is important to understand that the services of a motorcycle accident lawyer are not limited to the victims alone. If a motorcycle accident results in a fatality, the lawyer can assist the surviving family members in pursuing a wrongful death claim against the responsible parties. They understand the emotional toll and financial hardships faced by the bereaved and strive to provide compassionate support while pursuing justice on their behalf.

Types of Motorcycle Injuries

At The Law Office of Clayborne, Loos, and Sabers, LLP, we have dedicated ourselves to supporting and representing individuals who have suffered due to motorcycle accidents. As experienced motorcycle accident lawyers in Sioux Falls, SD, we have encountered a wide range of injuries that motorcyclists can sustain, each with its own set of challenges and implications for the victim’s life. Our understanding and experience with these injuries not only enable us to provide empathetic legal support but also to fight tirelessly for the compensation our clients deserve.

Head and Brain Injuries

One of the most severe types of injuries that motorcyclists can sustain are head and brain injuries. Even with a helmet, the force of impact can cause concussions, traumatic brain injuries (TBIs), and skull fractures. These injuries can have profound effects on an individual’s cognitive functions, emotional state, and overall quality of life. As legal advocates, we emphasize the critical importance of helmet use and work diligently to secure the necessary medical care and rehabilitation costs for our clients.

Spinal Cord Injuries

Spinal cord injuries are another grave consequence of motorcycle accidents. These can range from herniated discs to complete spinal cord damage, leading to partial or complete paralysis. The impact of such injuries extends far beyond the physical limitations, affecting the victim’s independence, employment, and personal relationships. Our role as legal counselors is to ensure that our clients receive compensation that reflects not only their current medical expenses but also their ongoing care needs and the profound changes to their lives.

Road Rash

While it may seem less severe than other injuries, road rash can be a painful and dangerous injury for motorcyclists. This occurs when a rider’s skin makes contact with the road surface, leading to abrasions that can range from mild to severe. In severe cases, road rash can lead to infection, require skin grafts, and leave significant scarring. We advocate for the importance of protective clothing and gear and pursue claims that cover the full extent of treatment and any necessary cosmetic surgeries.

Bone Fractures

Motorcyclists are also at high risk for bone fractures due to the lack of protection compared to vehicle occupants. Common fractures involve the legs, arms, ribs, and pelvis. These injuries can require surgeries, physical therapy, and extended periods of recovery, significantly impacting a person’s ability to work and perform daily activities. Our firm meticulously calculates the financial impact of these injuries, including lost wages, medical expenses, and the cost of any future surgeries or therapies needed.

Internal Injuries

Internal injuries are particularly insidious because they may not be immediately apparent after an accident. These can include injuries to the organs, internal bleeding, and other life-threatening conditions that require immediate and ongoing medical attention. Our experience has taught us the importance of thorough medical evaluations and the need for comprehensive legal strategies that account for both immediate and long-term care.

5 Things To Do Following a Motorcycle Accident

Motorcycle accidents can be harrowing experiences, often resulting in severe injuries and emotional trauma for the rider, and they often require help from a Sioux Falls motorcycle accident lawyer. In the event of such an unfortunate incident, it’s crucial to know what steps to take immediately after the crash. By following a few essential guidelines, you can protect your well-being, preserve vital evidence, and ensure you receive the necessary support. Let’s explore the five most important things to do following a motorcycle accident to help you navigate the aftermath with confidence.

1. Prioritize Your Safety and Health:

You should always start by prioritizing your health and safety. Check yourself for injuries and, if possible, move to a safe location away from oncoming traffic. If you’re unable to move, try to signal for help or ask a bystander to call emergency services immediately. Even if your injuries seem minor, it’s essential to seek medical attention promptly. Adrenaline and shock can mask the severity of injuries, and some symptoms may take time to appear. Getting medical care immediately will ensure that all injuries are properly documented and treated.

2. Call the Police and Document the Scene:

Your next step should be to contact the police and document the scene while you await their arrival. While waiting for the police to arrive, if you are physically able, try to document the scene using your phone’s camera. Take photos of the accident site, the positions of the vehicles involved, any visible injuries, skid marks, traffic signs, and signals. This evidence can be valuable when filing an insurance claim or seeking legal assistance later on.

3. Exchange Information:

Once the immediate safety concerns are addressed, exchange information with other parties involved in the accident. Obtain the names, contact details, driver’s license numbers, and insurance information of all drivers and any witnesses present. Avoid discussing the details of the accident beyond basic information with the other parties involved. Do not admit fault or make any statements that could be interpreted as an admission of guilt. Your Sioux Falls motorcycle accident lawyer can help determine who’s liable.

4. Preserve Evidence:

It’s always essential to preserve any and all evidence following a motorcycle accident. Collect as much information as possible, including the names and badge numbers of responding police officers. Keep a record of medical reports, doctor’s notes, and any relevant expenses related to your injuries and treatment. If there were any eyewitnesses to the accident, make a note of their names and contact information. All this evidence can be invaluable when filing a claim or building a case for compensation.

5. Consult with a Motorcycle Accident Attorney:

Dealing with the aftermath of a motorcycle accident can be complex and overwhelming. To ensure your rights are protected and to navigate the legal process effectively, it’s advisable to consult with a skilled motorcycle accident attorney. An experienced lawyer can provide valuable guidance, negotiate with insurance companies on your behalf, and help you pursue the compensation you deserve. They will review the details of the accident, gather evidence, and represent your best interests throughout the legal proceedings.

Motorcycle accidents can be devastating, but knowing what to do in the aftermath can make a significant difference in the outcome of your situation. Prioritize your safety and health, call the police, and document the scene if possible. Exchange information with other parties involved and preserve all relevant evidence. Finally, seek the advice of a knowledgeable motorcycle accident attorney to guide you through the legal process. By following these five essential steps, you can protect your rights, focus on recovery, and obtain the support you need to move forward after a motorcycle accident. When you need a Sioux Falls motorcycle accident lawyer, don’t hesitate to call The Law Offices of Clayborne, Loos & Sabers LLP.

FAQ About Motorcycle Accident Laws 

What should I do immediately after a motorcycle accident in Sioux Falls, SD?

Immediately after a motorcycle accident in Sioux Falls, SD, it’s crucial to ensure your safety and the safety of others. Move to a safe location if possible, and call 911 to report the accident and request medical assistance if needed. Exchange information with the other driver(s), including names, contact details, insurance information, and vehicle registration details. Take photographs of the accident scene, your injuries, and the damage to your motorcycle. It’s also advisable to collect contact information from witnesses. Contacting a motorcycle accident lawyer in Sioux Falls, SD, such as The Law Office of Clayborne, Loos, and Sabers, LLP, can provide you with legal guidance and help protect your rights from the outset.

How long do I have to file a motorcycle accident claim in Sioux Falls, SD?

In Sioux Falls, SD, the statute of limitations for filing a motorcycle accident claim is generally three years from the date of the accident. This time frame applies to both personal injury and property damage claims. It’s important to be aware of this deadline because failing to file within the statute of limitations can result in the loss of your right to seek compensation for your injuries and damages. Early consultation with a motorcycle accident lawyer can ensure that your claim is filed in a timely manner and that all necessary steps are taken to preserve your rights.

Can I still receive compensation if I was partially at fault for the motorcycle accident?

Yes, South Dakota follows a comparative negligence rule, which means you can still receive compensation if you were partially at fault for the motorcycle accident, as long as your fault is not greater than the other party’s. However, your compensation will be reduced by your percentage of fault. For example, if you were found to be 30% at fault and the total damages were $10,000, you would be eligible to receive 70% of the damages, or $7,000. Working with an experienced motorcycle accident lawyer can help in accurately determining fault and maximizing the compensation you can receive.

What types of compensation can I recover in a motorcycle accident lawsuit in Sioux Falls, SD?

In a motorcycle accident lawsuit in Sioux Falls, SD, you may be entitled to recover various types of compensation, including medical expenses for past and future treatment, lost wages, loss of earning capacity, pain and suffering, emotional distress, and property damage. In certain cases, punitive damages may also be awarded if the behavior of the at-fault party was particularly reckless or egregious. An experienced motorcycle accident lawyer can help you understand the full scope of damages you are entitled to and work to ensure that your compensation reflects the full extent of your losses.

Do I need a lawyer if I’ve been involved in a motorcycle accident in Sioux Falls, SD?

While it’s not legally required to hire a lawyer if you’ve been involved in a motorcycle accident in Sioux Falls, SD, doing so can be highly beneficial. A knowledgeable motorcycle accident lawyer can provide crucial legal advice, help you navigate the complexities of insurance claims and legal processes, and advocate on your behalf to ensure you receive fair compensation. An attorney can also handle negotiations with insurance companies and, if necessary, represent you in court. Given the potential challenges and nuances of motorcycle accident claims, having the support of The Law Office of Clayborne, Loos, and Sabers, LLP, can significantly impact the outcome of your case.

Schedule A Consultation Today

At The Law Office of Clayborne, Loos, and Sabers, LLP, we position ourselves as a beacon of support and expertise during these challenging times. Our profound understanding of the legal landscape in South Dakota, coupled with our unwavering commitment to advocating for the rights of motorcycle accident victims, ensures that our clients receive comprehensive legal representation. Our dedication to securing fair compensation for injuries, damages, and losses is pivotal in assisting our clients to move forward from the accident with the financial support and peace of mind they so urgently need.

Moreover, we at The Law Office of Clayborne, Loos, and Sabers, LLP, underscore the importance of having knowledgeable and experienced legal professionals by your side. Our adept handling of the complexities of motorcycle accident claims, from negotiating with insurance companies to litigating in court, offers invaluable reassurance to our clients. In the bustling streets of Sioux Falls, SD, where motorcycle accidents can profoundly impact individuals’ lives, having our proficient and compassionate team ready to defend your rights is an indispensable resource. For anyone navigating the aftermath of a motorcycle accident, partnering with our esteemed law firm opens a pathway to justice and recovery, marked by our unwavering legal support.