Sturgis Motorcycle Accident Attorneys
The annual Sturgis Motorcycle Rally, which had more than 500,000 attendees in 2021, brings multitudes of motorcycle enthusiasts to Sturgis. It also highlights the unfortunate prevalence of motorcycle accidents.
Many drivers are ignorant of the high level of danger motorcyclists face on the road and fail to leave sufficient space for bikers, don’t give them the right-of-way, or don’t even notice them. If you are hit by a motorist while driving a motorcycle in Sturgis, you deserve compensation for any losses or injuries you suffered. The skilled team at Steven Titus & Associates, P.C can help you receive the justice you deserve.
Call us today at (307) 257-7800 for a free case-strategy session.
Fault and Negligence
Fault and negligence are key concepts in road accidents. If the accident was not the motorcyclist’s fault, they are entitled to compensation for a range of losses suffered as a result of the crash. They include compensation for medical expenses, lost wages, pain, and loss of enjoyment of life.
However, South Dakota relies on a “comparative negligence” rule. If the motorcyclist was also negligent (meaning they failed to behave reasonably such as disobeying the road rules), that can reduce the amount of compensation available to them. If the cyclist was more than “slightly negligent,” they will not receive any compensation for their losses. If the cyclist’s negligence was only “slight,” their compensation will be reduced according to the amount their negligence contributed to the crash and resulting damage.
In the tragic case that the accident results in the death of the motorcyclist, the family of the biker can pursue compensation against the person at fault for the death of their loved one.
Relevant Road Rules
Who is at fault for the crash, which can be more than one person, determines the compensation available. Whether those involved were obeying the rules of the road at the time of the accident is crucial.
Failure to give the right-of-way when required is a common cause of crashes and a clear example of fault by the driver who failed to give the right-of-way.
Motorcyclists also have a number of specific rules they must follow on the road:
- Bikers under the age of 18 must wear protective headgear
- All riders must wear a form of eye protection
- Passengers must have a passenger seat
- Bikers can’t ride side-by-side in the same lane
- Lane-splitting (riding between lanes or rows of traffic) is not permitted
Statute of Limitations
The statute of limitations is another key area of law related to motorcycle accidents. It requires lawsuits for the accident to be filed within the strict time limit of three years of the accident for personal injury claims and one year for claims against the state.
A motorcycle accident is an extremely stressful event for individuals and families. Receiving compensation and holding the person at fault accountable are crucial. Our experienced, passionate Sturgis personal injury attorneys can take care of the legal aftermath of your accident and ensure you receive the compensation you or your family member deserves.
Call us now at (307) 257-7800 so we can take care of your case.
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