Spearfish Motorcycle Accident Attorneys
Whether you are cruising through Spearfish Canyon or just on your daily commute to work, accidents happen. For motorcyclists, the consequences of an accident can be life-altering. If you or a loved one have been hit by another motorist while riding your motorcycle, you’ll want the other person to be held accountable, and you’ll want to be compensated for your losses.
Steven Titus & Associates, P.C. are experienced personal injury trial attorneys serving the Spearfish area that will ensure you receive the justice you deserve. Call us today at (307) 257-7800 for a free consultation.
Entitlement to Compensation
A motorcyclist who suffers an accident due to another motorist’s actions is entitled to compensation from the at-fault party. That can include compensation for economic losses (medical expenses or lost wages) or non-economic losses (pain and suffering). In the tragic instance that the accident causes the death of a loved one, their family can seek compensation for the loss of that person.
In South Dakota, you have three years from the date of the accident to file a lawsuit for personal injury. If your claim is against the state, the lawsuit must be filed within one year.
Establishing the other party’s fault, which is required to receive compensation, can be a difficult process. When the other party clearly accepts fault for the accident, it may be simple to receive compensation from their insurer since all motorists must have minimum levels of liability insurance. However, this method can often lead to the injured party receiving far less compensation than they are entitled to.
In more difficult cases where it is unclear who caused the crash or if both the motorist and the motorcyclist share the blame, an investigation into the causes of the crash is required and will influence the compensation the motorcyclist is entitled to.
In South Dakota, if the motorcyclist contributed to the crash in a more than “slight” way, they cannot receive any compensation from the other party. If the cyclist’s contribution was only “slight,” their compensation is reduced according to the percentage they are determined to have contributed to the collision.
Examples of Fault
While a number of factors can cause a collision, there are some common causes. The motorist may have been driving distracted or under the influence. They may have been driving over the speed limit or failed to give proper right-of-way, causing the crash.
On the other hand, the motorcyclist may have contributed to the crash or their injuries by failing to follow the rules of the road or by breaking some cyclist-specific rules such as not wearing eye protection or riding between lanes of traffic.
At Steven Titus & Associates P.C., we understand how devastating the consequences of a motorcycle crash can be for the biker. We also understand the importance of holding the other party accountable and receiving compensation.
Our team has extensive experience dealing with personal injury and motorist-related incidents. Our skilled trial attorneys have impressive track records in the courtroom and passionately advocate for our clients to receive the best outcome in their case.
Call our team at Steven Titus & Associates P.C. today at (307) 257-7800, and leave the rest to us.
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