If you were hit by a car while walking in Yankton, you are likely dealing with serious injuries and are unsure what to do next. Getting hit by a moving vehicle can cause immense pain and suffering, and potential long-term consequences. At Loos, Sabers & Smith, LLP, our Yankton, SD pedestrian accident lawyer handles these cases for injured victims across the region. We offer free consultations and take personal injury cases on a contingency fee basis, meaning there are no fees unless we win. If you were recently injured as a pedestrian, we are available to speak with you today. 

Why Choose Loos, Sabers & Smith, LLP for Pedestrian Accidents in Yankton, SD?

Decades of Personal Injury Litigation Experience

Attorney Michael C. Loos has been representing injured people in South Dakota since 1994. His practice focuses on serious personal injury matters, including pedestrian accident cases where the injuries are significant and the insurance stakes are high. He is licensed in South Dakota, admitted to the U.S. District Court for the District of South Dakota, and has appellate experience in both the 8th and 10th Circuits. 

Selected to Super Lawyers every year from 2017 through 2025, his recognition reflects consistent peer-reviewed standing over nearly three decades of practice. As a personal injury lawyer in Yankton, SD, Attorney Loos brings extensive educational background and years of real life experience handling pedestrian accident cases.

A Record of Recovering Millions for Injured Clients

We have helped our clients recover millions of dollars across personal injury and civil litigation matters. Pedestrian accidents frequently produce the most severe injury profiles of any motor vehicle case. Broken bones, traumatic brain injuries, spinal damage, and internal injuries are common. Recoveries in these cases reflect that severity. We understand how to build the medical evidence, establish liability clearly, and negotiate or litigate for the full value of what our clients have lost.

No Fees Unless We Win

We handle pedestrian accident cases on a contingency fee basis. This means you pay nothing out of pocket to retain us, and no legal fees are owed unless we recover compensation for you. For someone who may already be managing medical costs and lost income after a serious accident, knowing you can receive legal assistance without another added expense can make all the difference. We are here to alleviate the stress and burden of the situation, not put more monetary costs onto you. 

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. SJ” — Shelly Johnson

Read more reviews on our Google Business Profile.

Types of Pedestrian Accident Cases We Handle in Yankton

Pedestrian accidents happen in a number of different ways, and the circumstances affect both liability and how a case is built. Our attorneys handle a wide range of pedestrian injury claims throughout Yankton and surrounding areas.

• Crosswalk accidents. Drivers who fail to yield to pedestrians in marked or unmarked crosswalks are a leading cause of serious injuries. We investigate signal timing, sight lines, and driver behavior to establish fault and recover damages for the injured person.

• Parking lot accidents. Low-speed does not mean low-injury. Drivers backing out of spaces or cutting through parking lots may hit pedestrians in their path. These cases often involve premises liability, in addition to driver negligence.

• Motorcycle accidents. Motorcyclists and pedestrians share overlapping vulnerability on Yankton roads. Our firm handles these cases and understands the bias that insurers sometimes apply when riders or walkers are involved in crashes.

• Hit-and-run accidents. When the driver flees, victims can still pursue compensation through their own uninsured motorist coverage or through investigation that identifies the responsible party. We can let you know what steps to take to obtain the compensation you need, either through insurance coverage policies or investigations that locate the liable driver.

• Distracted and impaired driver accidents. Phones, alcohol, and drugs account for a significant portion of pedestrian accidents. Evidence in these cases may become lost or destroyed quickly, which is why police reports, surveillance footage, and witness accounts need to be preserved as soon as possible. Distracted driving is unsafe and increases the occurrence of pedestrian accidents.

• Truck accidents. Trucks and other commercial vehicles such as delivery drivers, buses, and fleet vehicles create additional layers of liability that go beyond the individual driver. We pursue payment from liable corporate defendants or other third-party entities. There may be more than one party who shares liability, including trucking companies and part-manufacturers, among others.

South Dakota Legal Requirements for Pedestrian Accident Cases

South Dakota law contains several provisions that directly affect how a pedestrian accident claim proceeds. Once we learn more about the accident, we can let you know if any legal requirements influence the outcome of your case. 

Statute of Limitations. Under S.D. Codified Laws § 15-2-14, injured victims in South Dakota generally have three years from the date of the accident to file a personal injury lawsuit. If you miss this window of time, then you are unable to obtain compensation for your damages and losses. While three years may sound like a long time, it can go by quickly as we build your case. We need time to factor in medical treatment, gathering evidence, negotiating with insurance, and preparing your case.

Comparative Fault. South Dakota follows a modified comparative negligence rule under S.D. Codified Laws § 20-9-2. A pedestrian who is found partially at fault for an accident can still recover damages, but only if their share of fault is less than 50 percent. Their recovery is then reduced proportionally. Insurance adjusters may use this rule unfairly and may attempt to blame an injured pedestrian when they are not responsible. Adjusters may look for any reason to assign blame to the pedestrian so they have a reduced payout. 

Pedestrian Right-of-Way Laws. South Dakota law establishes pedestrian right-of-way in crosswalks and imposes duties on both drivers and pedestrians. S.D. Codified Laws § 32-27-1 through related traffic statutes govern these interactions. Violations by a driver that caused a pedestrian accident can directly support a negligence claim.

What Damages Are Recoverable in a Yankton Pedestrian Accident?

Pedestrian accidents typically produce severe physical harm, and South Dakota law allows injured victims to pursue several categories of compensation.

Economic Damages are the concrete, calculable losses. Medical expenses are most common, including emergency care, hospitalization, surgery, imaging, physical therapy, and treatment tied to the injury. Other damages may entail lost wages if your injuries kept you off work for weeks or months, or a diminished earning capacity if your injuries affect your ability to work going forward. The CDC injury data on pedestrian accidents shows the severity of these injuries relative to other traffic incidents. We can assess the total economic damages so we know how much to pursue in compensation for your current and future expenses.

Non-Economic Damages are losses that do not come from an actual monetary bill. For instance, this can be pain and suffering for the physical condition, the disruption to daily life, the emotional toll, and the long-term consequences of living with permanent injury. South Dakota does not cap non-economic damages in most personal injury cases, which matters in cases involving catastrophic or permanent harm. We can discuss with you which collectible damages in a personal injury claim apply to your circumstances. 

Punitive Damages may be awarded In cases involving gross negligence or willful misconduct, such as an impaired driver who had prior offenses, South Dakota courts may award punitive damages under S.D. Codified Laws § 21-3-2. These are not available in every case, but they become relevant when the defendant’s conduct was particularly reckless. We can discuss with you further how we calculate claim value, so you can get a sense of what damages you are entitled to receive. 

Contact Loos, Sabers & Smith, LLP

If you or someone you know was injured as a pedestrian in Yankton, SD, we are prepared to offer support. Pedestrian accidents can cause some of the most severe and debilitating conditions. We firmly believe that victims deserve both justice and financial restitution for their suffering. Our consultations are free, and we take these cases on contingency. This means you owe nothing in legal fees unless we recover for you. Please do not hesitate to reach out to simply learn more. Contact us to schedule your consultation.