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The Law Office of Clayborne, Loos and Sabers, LLP |
Professional Legal Counsel When You Need it Most
Yankton Motorcycle Accident Lawyer
Motorcycle Accident Lawyer Yankton, SD
If you’ve been hurt in a motorcycle crash in Yankton, then you’re probably already dealing with more difficulties than you should be. When a driver is responsible for why a motorcycle accident happens, they should be held accountable. Our Yankton, SD motorcycle accident lawyer is here to help you get the compensation you deserve. At Loos, Sabers & Smith, LLP, we have been representing injured clients across South Dakota for over 35 years. If you’ve been hurt in a motorcycle wreck, reach out to us for a free consultation.
Why Choose Loos, Sabers & Smith, LLP for Motorcycle Accidents in Yankton, SD?
Decades of Personal Injury Experience in South Dakota
Attorney Michael C. Loos has been practicing personal injury law in South Dakota since 1994. That’s more than three decades of handling serious injury cases in state and federal courts, including the U.S. District Court for the District of South Dakota and the U.S. Court of Appeals for the Eighth Circuit. He knows how insurance companies operate, what tactics adjusters use to reduce payouts, and how to counter them.
Attorney Loos is a founding member of Loos, Sabers & Smith, LLP. When he isn’t spending his time helping clients with their cases, he frequently volunteers with youth sports as a coach and serves as a board member for various organizations. As a personal injury lawyer in Yankton, SD, he brings the same determination and competitive nature to the work he does for his clients.
Michael Loos has been selected to Super Lawyers every year from 2017 through 2025 for personal injury. Attorney Michael Sabers has been recognized by Super Lawyers for five consecutive years and was named as U.S. News & World Report Best Lawyers in 2023. These are peer-reviewed distinctions that reflect a positive reputation among other attorneys in South Dakota.
A Track Record of Results for Injured Clients
Our firm has helped clients recover millions of dollars, including a $1,375,000 result in a motorcycle accident case. We pursue maximum compensation in every case we take on. It is our investigation, preparation, and willingness to move cases towards trial when that is what it takes to get a fair result.
No Fees Unless We Win
We handle motorcycle accident cases on a contingency fee basis. This means you pay nothing upfront to have us help you. You do not owe us at all unless we recover compensation. We believe in offering this structure as we know people may already be facing financial hardships, and should not feel like this prevents them from receiving quality legal representation.
What Our Clients Say
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“I had a life altering accident and did not know where to turn. I found Michael Loos online. He was so helpful, caring and ready to help. They put together my case of over a year and a half of surgeries and rehab. The whole staff was always helpful and caring. Ultimately, they got me the best possible settlement. Although my injuries are life altering, the settlement is comforting that I will have what I need for my needs in the future. I would highly recommend him and the firm.” — Shelly Johnson
Read more reviews on our Google Business Profile.
Types of Motorcycle Accident Cases We Handle in Yankton
Motorcycle crashes rarely have simple causes, as contributing factors could involve road conditions, distracted drivers, mechanical failures, and dangerous intersections. Our attorneys handle the full range of motorcycle injury claims for injured riders in Yankton and throughout South Dakota.
Collisions caused by other drivers. Left-turn crashes are among the most common and deadly for motorcycle riders. A driver who fails to yield, misjudges a rider’s speed, or simply doesn’t look before turning can cause catastrophic harm. We investigate fault thoroughly, including locating traffic camera footage, accident reports, and witness statements.
Road hazard crashes. Gravel, potholes, uneven pavement, and debris affect motorcycle riders far more severely than car drivers. When a government entity or property owner knew about a hazard and failed to correct it, there may be liability. We can guide you through what to do after a motorcycle accident, as these cases require specific legal strategies and timely notice.
Catastrophic and spinal injuries. Motorcycle riders have no outer protection. High-speed crashes frequently produce spinal cord damage, traumatic brain injuries, severe fractures, and road rash that requires multiple surgeries. We understand the long-term costs these injuries carry and build our damages arguments accordingly.
Wrongful death. When a rider does not survive, the family is left with funeral costs, lost income, and grief that no settlement fully compensates. South Dakota law provides a pathway for surviving family members to pursue wrongful death claims, and we handle those cases with the care they deserve.
Insurance disputes and underinsured motorist claims. South Dakota requires minimum liability coverage, but many at-fault drivers carry only the minimum or none at all. When the responsible driver’s policy is not enough to cover your losses, your own uninsured motorist coverage may fill the gap. We help clients identify every available source of compensation.
South Dakota Legal Requirements for Motorcycle Accident Cases
South Dakota law shapes motorcycle accident claims in several ways that riders can benefit from knowing before making decisions about their case.
Statute of limitations. Under SDCL § 15-2-14, injured victims generally have three years from the date of a crash to file a personal injury lawsuit in South Dakota. While this may sound like a long time, we recommend not waiting as we can begin building your claim for compensation right away.
Comparative negligence, South Dakota’s “slight/gross” standard. South Dakota does not follow the standard comparative fault model used by most states. If your own negligence was more than “slight” in comparison to the other party’s negligence, you may be unable to recover damages under SDCL § 20-9-2. This is a significant distinction that insurance adjusters are aware of and may use it to reduce or eliminate a claim. Having a motorcycle accident attorney who understands this rule is critical to protecting you from unfair blame.
Helmet law. South Dakota does not require adults to wear helmets. Under SDCL § 32-20-4, helmets are mandatory only for riders under 18. However, whether or not a rider was helmeted can become a factor in how an insurance company or defense attorney argues the extent of head injuries. Eye protection is required for all riders unless the motorcycle has a sufficient windscreen.
Minimum insurance requirements. South Dakota requires motorcyclists to carry at least $25,000 per person/$50,000 per accident in bodily injury liability coverage and $25,000 in property damage liability. When those limits are too low to cover a rider’s actual losses, other options may exist, including underinsured motorist coverage.
What Damages Are Recoverable in a Yankton Motorcycle Accident?
Compensation in a South Dakota motorcycle accident case generally falls into three categories, including economic damages, non-economic damages, and punitive damages.
Economic damages cover the financial losses you can document. Medical bills are the most obvious, but this category extends further than most people realize. It includes emergency transport, surgeries, hospitalizations, rehabilitation, physical therapy, assistive devices, and future medical costs if the injury is permanent or requires ongoing care. You may be compensated for lost wages if you missed weeks or months of work, or if your injuries limit your earning capacity going forward.
Non-economic damages are harder to put a number on but are often the largest part of a motorcycle injury settlement. This entails pain and suffering, emotional distress, psychological toll of a serious accident, and loss of enjoyment of activities you can no longer do. South Dakota law allows recovery for these harms, though quantifying them takes experience and strategy. An attorney who has handled serious injury cases knows how to build a compelling argument for full non-economic compensation.
Punitive damages are available in limited circumstances under South Dakota law. When a defendant’s conduct was willful, wanton, or malicious, such as a drunk driver who caused a fatal crash, punitive damages may be available to punish that conduct and deter others. These are not awarded in every case, but when the facts support it, we pursue them to the fullest extent possible.
The CDC injury data confirms what any motorcycle attorney already knows, that motorcycle crash injuries tend to be severe. Riders who survive serious crashes often face years of medical treatment and a life that looks nothing like what it did before. Full and fair compensation is not just a legal right, it is often what makes the difference in what a survivor can afford in the years ahead.
Contact Loos, Sabers & Smith, LLP
If you or someone you love was injured in a motorcycle crash in Yankton or anywhere in South Dakota, don’t wait to get help. We offer free consultations for motorcycle accident cases, and we don’t collect a fee unless we win your case. We will review the facts of your crash, explain your options, and tell you what we believe your case is worth. Contact us to schedule your consultation.
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
