The Sturgis Motorcycle Rally draws hundreds of thousands of bikers to the Black Hills each August. In 2025, the Rally brought in even more visitors, filling highways and city streets across western South Dakota. While the event celebrates motorcycle culture, unfortunately it also brings a sharp increase in crashes, many resulting in serious injury.
If you’re hurt in a motorcycle accident during the Rally, whether you’re a local rider or visiting from out of state, it’s important to understand your legal rights and next steps. Reach out to Thomas Braun Bernard & Burke, LLP today to discuss your legal options.
Motorcycle Accidents Are Common During the Sturgis Rally
Motorcycle crashes spike during Rally week. According to the South Dakota Department of Public Safety, rally-related injuries and fatalities occur every year. The causes vary, but most fall into a few common patterns:
- Drivers failing to see motorcyclists
- Speeding and unsafe lane changes
- Drunk or distracted driving
- Riders unfamiliar with the roads
- Poor visibility or road conditions
The mix of heavy traffic, winding roads, and distracted drivers creates real risk. Even the most careful rider is vulnerable when others are not paying attention.
Common Injuries in Motorcycle Crashes
Unlike drivers in cars, motorcyclists have little protection in a crash. Even with a helmet and proper gear, injuries are often severe. Some of the most common include:
- Traumatic brain injuries (TBI)
- Back/spinal cord injuries
- Fractures and broken ribs
- Road rash and skin abrasions
- Internal bleeding
- Shoulder, knee, and hip trauma
These injuries often require emergency care, surgery, and long-term rehabilitation. Medical bills can climb quickly, and many riders are unable to work–and therefore lose income–while recovering.
What to Do After a Motorcycle Accident in South Dakota
If you’re involved in a motorcycle crash during the Rally, stay calm and follow these steps:
- Call 911 and report the crash.
Get medical care and/or checked out by a doctor, even if injuries may seem minor at first. - If you are able to do so safely, document the scene by taking photos of vehicles, damage, road conditions, and injuries.
- Exchange information with the other driver, including insurance details and license plate numbers.
- Speak to witnesses and get their contact information.
- Avoid discussing fault at the scene.
- Call a local attorney who has handled motorcycle injury claims before.
Even if you’re from out of state, you’ll want to speak with someone familiar with South Dakota’s traffic laws, unique negligence laws, and court system. At Thomas Braun Bernard & Burke, LLP our personal injury lawyers have extensive experience handling motorcycle accident cases throughout South Dakota.
South Dakota Motorcycle Accident Laws
South Dakota’s comparative negligence rule is different from other states. In South Dakota, if you contributed to the accident, the question is whether your negligence was more than “slight” when compared to the negligence of the other party. If your negligence was more than “slight,” you may not recover any damages from the other party–even if he/she was mainly at fault.
However, if your negligence was “slight” or less than “slight” when compared with the fault of the other party, you can still recover, but your damages will be reduced in proportion to the amount of your contributory negligence. This system differs from standard comparative negligence models, where the injured party’s damages are simply reduced based on his/her portion of fault.
Due to South Dakota’s unique–and sometimes harsh–rule, it is important to talk with an an attorney that is experienced with South Dakota negligence rule and knows how to gather the facts necessary to prove that you were not at fault for the accident–or at least that any fault on your part was less than slight when compared with what the other party did wrong.
Why You Need Legal Help After a Rally Crash
Accidents during the Sturgis Rally often involve out-of-state drivers, uninsured or underinsured motorists, and disputes about fault. Insurance companies move quickly to protect their own interests. Without a lawyer, it’s easy to make mistakes that harm your claim. An experienced personal injury attorney can:
- Investigate the crash and ensure that evidence is preserved
- Work with accident reconstruction experts and other experts
- Handle communications with the other party’s insurance company, your insurance company, and the various medical providers
- Fight for full compensation for your medical bills, lost wages, and pain and suffering
Choosing a local firm, like Thomas Braun Bernard & Burke, LLP, means working with someone who knows the area and the unique issues that come up during Rally week.
FAQs About Motorcycle Accidents During the Sturgis Rally
What if I was visiting South Dakota for the Sturgis Rally, but living in another state?
You can still bring a claim in South Dakota. A local lawyer can represent you and handle the legal process while you recover at home.
Do I need an accident/police report?
An accident report is not required to pursue a personal injury claim; however, it often provides important evidence, including witness statements, diagrams, and an initial assessment of fault. Always call law enforcement after a crash, no matter how minor it may seem.
What if the other driver left the scene?
If the other driver fled, you may still have options through uninsured motorist coverage on your own policy. An attorney can help you explore all possible sources of compensation.
Will wearing or not wearing a helmet affect my case?
South Dakota does not require adult riders to wear helmets. However, if you are not wearing a helmet and sustain a head injury, the insurance company may nevertheless try to argue that a helmet might have prevented your injury or perhaps lessened your injury. For that reason, it is important to hire an attorney that is familiar with such tactics and prepared to argue that the lack of a helmet should not be considered.
How much is my motorcycle injury case worth?
Every case is different. The value of your claim depends on a host of considerations, including the severity of your injuries, the cost of your medical care, your time away from work, and whether you have lasting impairments. A lawyer can give you a better estimate after reviewing the facts.
Injured During the 2025 Sturgis Rally? Know Your Rights
The Sturgis Motorcycle Rally is a major event for South Dakota, but it also leads to more crashes and serious injuries. If you’ve been hurt in a motorcycle accident during the Rally, whether you’re a local rider or traveling through the Black Hills, take the time to protect your health and your legal rights. Our dedicated motorcycle attorneys at Thomas Braun Bernard & Burke, LLP are here to help. Contact our Rapid City office to speak with us today.
