Motorcycle Accident Attorney in Rapid City

Shared Fault in Motorcycle Accident Cases

Most states have laws regarding comparative negligence, also known as shared fault. South Dakota is unique in that it follows a modified pure comparative negligence rule. Under this rule, you are not prohibited from bringing a personal injury claim after an accident for which you shared some of the fault, as long as your degree of fault is considered “slight.” In other words, you must prove that the other person or party was “grossly” negligent to file a personal injury claim for damages.

This can be very difficult to prove, as “slight” and “gross” negligence can be subjective. Insurance companies know this and use it to their advantage. If they argue that you were more than slightly negligent, you could be barred from recovering compensation, so it is extremely important that you work with a knowledgeable attorney who can help you fight to protect your rights.

Damages in Motorcycle Accident Claims

Sadly, motorcycle accident victims often sustain catastrophic injuries, ranging from broken bones to spinal cord injuries to traumatic brain injuries. As a result, they often need extensive hospitalization and ongoing medical treatments. They may be unable to work for weeks, months, or even years, adding additional financial hardship to an already challenging situation.

Our Rapid City motorcycle accident lawyers may be able to help you seek compensation for the following damages:

• Medical bills
• Hospitalization and ambulance fees
• Surgeries
• Medications
• Medical equipment/devices
• Future medical expenses
• Lost income/wages
• Lost expected income/future earnings
• Lost earning capacity
• Pain and suffering
• Emotional trauma and distress
• Counseling services/therapy

If your loved one died due to a motorcycle accident, you may be entitled to file a wrongful death lawsuit and seek compensation for unexpected financial and non-financial losses, such as loss of income, medical care costs, funeral/burial expenses, and loss of love, support, companionship, and guidance.

South Dakota's Motorcycle Accident Statute of Limitations

Motorcycle Helmet Laws in South Dakota

South Dakota requires all motorcycle riders and passengers under the age of 18 to wear a helmet approved by the South Dakota Department of Transportation. These helmets must meet established safety standards designed to reduce the risk of serious injury in a crash.

By requiring helmet use for minors, South Dakota aims to improve rider safety and lessen the severity of motorcycle accident injuries. Wearing a properly approved helmet remains one of the most effective ways to protect against head and brain injuries, regardless of a rider's age.

Why You Need a Motorcycle Accident Lawyer in Rapid City

In a perfect world, insurance companies would pay injured motorcyclists for the full value of their injuries up to the limits of their policies, without resistance, every time. Unfortunately, this is rarely the case. Insurance companies are businesses, and as such, their primary goal is to maximize profits and minimize the number of claims they pay out. 

In many cases, insurance companies will do everything within their power to limit, delay, or even outright deny motorcycle accident claims to protect their bottom line. A skilled attorney who understands the tactics of insurance companies can protect you from mistreatment and give you the peace of mind you need to focus on your physical recovery.

Let Our Rapid City Motorcycle Accident Lawyer Help You

Getting back on your feet after a motorcycle accident can be tough, but the team at Beardsley, Jensen & Lee is here for you every step of the way. We understand the unique challenges motorcycle accident victims face, from getting proper medical care for serious injuries to fighting back against stigmas and misconceptions about motorcyclists. Our team of Rapid City motorcycle accident lawyers can guide you through this process and advocate for you and the full, fair recovery you deserve.

We offer free initial consultations and do not collect any attorneys’ fees unless or until we win compensation for you.

Get in touch with us at (605) 777-7466 to learn how our team of attorneys can help you with your motorcycle accident case in Rapid City, SD. 

Frequently Asked Questions

How Long Does a Motorcycle Accident Case Usually Take?

The length of a case depends on factors like how severe the injuries are, how long medical treatment lasts, and whether the insurance company is willing to negotiate in good faith. Some claims can resolve in a matter of months, while others that involve complex injuries or disputed liability may take a year or more. Your attorney can give you a better timeline estimate after reviewing the details and monitoring your medical progress.

Do I Have to Go to Court for My Motorcycle Accident Claim?

Many motorcycle claims are resolved through settlement without a trial, but there is always a possibility that a lawsuit will be needed if the insurer refuses to make a fair offer. If your case does move toward litigation, your lawyer can explain each step, from filing the complaint through discovery and, if necessary, a trial, so you always know what to expect.