With its scenic views, open roads, and picturesque landscape, South Dakota is traveled by tens of thousands of motorcycle riders every year. Motorcycle riders have every right to cruise the South Dakota’s roads and enjoy the view; however, the lack of protection for an operator of a motorcycle makes motorcycle accidents particularly dangerous, often resulting in serious injuries or fatalities.
If you have been injured in a motorcycle accident in South Dakota, the attorneys at Thomas Braun Bernard & Burke, LLP are ready to help. We understand the impact of such accidents and how to secure compensation for medical expenses, lost income, physical injuries, and pain and suffering. Contact us today for a free consultation to discuss your options.
What to Do After a Motorcycle Accident
Walking away from a serious motorcycle accident is nothing short of a miracle. However, even if you feel fine, you should consider getting evaluated by a doctor to make sure that you were not injured. Consulting with a dedicated motorcycle accident attorney is also highly recommended. The attorney can handle communication with the insurance companies, gather evidence pertaining to the accident to demonstrate that you were not at fault and to ensure that it is preserved, and gather your medical records and bills for submission to the at-fault person’s insurance company. In the meantime, you can focus on your recovery.
Common Motorcycle Accident Injuries
Motorcycle accidents can result in a wide range of injuries due to the rider’s limited protection. Some of the most common injuries we see from motorcycle accidents include:
- Road rash
- Broken bones
- Spinal cord injuries
- Neck injuries
- Concussions and traumatic brain injuries
- Internal injuries
- Soft tissue injuries
Causes of Motorcycle Accidents
Many motorcycle accidents are caused by the negligence of other drivers. Although motorcycle accidents frequently result from the same type of negligence as other motor vehicle collisions (such as distracted driving, a vehicle following too closely, another driver changing lanes without checking his/her blind spot) many motorcycle accidents stem from the fact that motorcycles are considerably smaller than other vehicles, making them less noticeable to other drivers–especially when those other drivers are not paying attention. That is why a large number of motorcycle accidents result at intersections or when the other driver fails to yield.
If you were in a motorcycle accident caused by someone else’s negligence, you are entitled to compensation for your injuries and damages.
Understanding Liability for Negligence in South Dakota
South Dakota operates under a "comparative negligence" system. However, South Dakota law is unique in that your ability to recover ultimately depends on whether your negligence (if any) was “slight” when compared to the other driver’s negligence.
Specifically:
- Slight Negligence: You can recover damages from the other driver even if you were partially at fault, so long as your fault was "slight" when compared to the other driver’s negligence. This means the defendant's negligence was significantly greater than yours.
- More Than Slight Negligence: If your fault is deemed to be more than “slight” when compared with the negligence of the other driver, you will be barred from recovering damages.
It is important to consult with an attorney to determine how comparative negligence may apply to your specific case. They can help you understand the nuances of South Dakota law and how it might affect your ability to receive compensation.
Why Choose Thomas Braun Bernard & Burke, LLP?
At Thomas Braun Bernard & Burke, LLP, we apply the same experienced and thorough approach to every case, whether we are assisting someone injured in a car accident, handling a dispute with an insurance company, helping a client establish a business, representing a client in a dispute or a lawsuit, or defending a professional.
Here is why you should choose us:
- Exemplary Reputation: Our commitment to fighting for our clients has earned us a solid reputation, resulting in many of our clients being referred to our firm by former clients and fellow attorneys.
- Results-Driven: We prepare every case as if it were going to trial. This meticulous preparation, combined with our extensive experience, is critical to achieving the best results for our clients.
- Unwavering Dedication: We go above and beyond for our clients and leave no stone unturned in the pursuit of justice. Our goal is always to achieve the best possible outcomes for our clients.
Client-Centered Approach: By selectively choosing our cases, we can dedicate our full resources and energy to achieving a successful outcome for each and every client.
Injured in a Motorcycle Accident in Rapid City?
Navigating the aftermath of a motorcycle accident can be overwhelming. Whether it happened on Interstate-90 or closer to home, the resulting injuries and complexities of a personal injury claim can be daunting.
If you have been injured in a motorcycle accident, you do not need to face it alone. Contact Thomas Braun Bernard & Burke, LLP today for a consultation. We can discuss your options and help you protect your rights.
