Rapid City Motorcycle Accident Attorney
Strong Legal Representation for Accident Victims
There are many pros to riding a motorcycle, from saving on gas to getting where you need to go faster. Unfortunately, there are some cons as well. In an accident between a car and a motorcyclist, the motorcycle rider suffers much more severe injuries since they are significantly more vulnerable. You might have suffered life-altering injuries if you or a loved one sustained injuries in a motorcycle accident. In addition, you may be worried about how you will pay for emergency medical care, rehabilitation, and lost wages. Our Rapid City motorcycle accident attorney at Whiting Hagg & Dorsey, LLP, are here to help.
- Seeking Maximum Compensation for Your Accident
- Common Causes of Motorcycle Accidents
- Is South Dakota An At-Fault State?
- How Long Do You Have to File a Motorcycle Accident Claim?
- Can You Get PTSD from a Motorcycle Accident?
Seeking Maximum Compensation for Your Accident
Motorcycle accidents can leave victims seriously injured. In some cases, the injuries suffered in these accidents may never heal. You may be unable to return to work for quite some time, if ever. Suppose we are entrusted with a motorcycle accident claim like yours. In that case, you can rely on us to pursue the maximum compensation for your injuries.
We may be able to get you compensation for:
- Current and future lost wages
- Medical bills
- Emergency room care
- Physical therapy
Common Causes of Motorcycle Accidents in South Dakota
No two motorcycle accidents are the same, though this does not mean that many collisions have similar causes. Popular myths would make you believe that most motorcycle crashes result from motorcyclist negligence. In reality, it shows that a significant portion of motorcycle accidents are caused by negligence on the part of the drivers of passenger vehicles on the roadways. "Driver negligence" is a broad term that can be used to describe hundreds of different actions. Simply put, a driver can be considered negligent whenever they fail to obey all necessary traffic laws.
Some of the most common forms of driver negligence that cause motorcycle accidents include:
- Failing to check blind spots
- Driving while under the influence
- Texting while driving
- Running red lights and stop signs
South Dakota is an At-Fault State for Motorcycle Accidents
While some states operate under a "no-fault" system that requires injured motorcyclists to turn to their own insurance companies for compensation after a crash, South Dakota holds negligent parties responsible under a traditional fault-based system. An attorney from our firm in Rapid City can review the circumstances that led to your crash and identify all parties that may be held legally accountable.
Call us if someone caused your motorcycle accident and you suffered any of the following injuries:
- Road rash
- Broken or fractured bones
- Spinal cord injuries
- Concussions / head injuries
- Cuts / lacerations
Do You Have to Wear a Motorcycle Helmet in South Dakota?
In South Dakota anyone riding a motorcycle who is under the age of 18 is required to wear a motorcycle helmet. That helmet must meet federal DOT regulations. If those under the age of 18 aren't wearing a helmet while riding, they are in violation of the state's law and can be charged with a Class 2 Misdemeanor. It can be punishable by a max of 30 days in a county jail, a $500 fine, or both.
If you are 18 or older, wearing a motorcycle helmet is your choice. However, choosing to not wear a helmet can be fatal as you are more at risk of head injuries in the event you are in an accident.
How Long Do You Have to File a Motorcycle Accident Claim?
Like any personal injury claim, motorcycle accident claims are subject to a strict legal deadline known as a "statute of limitations" that limits the time you have to take legal action. For example, in South Dakota, injured motorcyclists have three years to file a claim in court against the responsible party three years from their accident date. In addition, if a motorcyclist was killed in a crash, this same three-year deadline also applies to families who wish to pursue a wrongful death claimin court. Finally, property damage claims from motorcycle accidents must be filed within six years of the collision to be heard in state courts.
Whichever deadline applies, if you attempt to file a claim after the statute of limitations period has passed, your case will almost certainly be dismissed. You will effectively lose your right to pursue compensation. Even if you are confident that your issue will be resolved through an insurance settlement, give yourself and your attorney plenty of time to file a lawsuit if necessary. Suppose you think you may be approaching the filing deadline. In that case, discussing your situation with a knowledgeable South Dakota motorcycle accident attorney is essential.
Choose a Skilled Rapid City Personal Injury Lawyer
At Whiting Hagg & Dorsey, LLP, we genuinely care about you as our client. We work to build the most robust case possible to secure you the compensation you deserve. When we take on your personal injury case, you can count on us to keep your best interest in mind and constantly update you throughout the claim process. For example, suppose you believe another person was responsible for your crash. In that case, our compassionate Rapid City motorcycle accident lawyers are here to help.
Can You Get PTSD from a Motorcycle Accident?
Post-traumatic stress disorder (PTSD) is a mental and emotional injury that occurs in some victims following a traumatic event. While this damage isn't necessarily visible, it still qualifies as an injury that changes your life. In many cases, people with PTSD must receive professional treatment and guidance to overcome their trauma. For example, suppose you believe you have suffered post-traumatic stress due to your motorcycle accident. In that case, our attorneys can help you build a chance to obtain the compensation you deserve.
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Over 150 Years of Combined Experience