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Home > Buffalo Motorcycle Accident Lawyer

Buffalo Motorcycle Accident Lawyer

Hoy Law represents motorcycle riders and passengers who have been hurt in crashes across South Dakota, including riders injured in and around Buffalo, the county seat of Harding County in the far northwest corner of the state. A Buffalo motorcycle accident lawyer understands that riders face unique risks on the road and unique bias from insurance companies after a crash.

The highways around Buffalo offer wide open riding. US Highway 85 runs north and south through town, connecting the area with Belle Fourche to the south and North Dakota to the north, and South Dakota Highway 20 runs east and west between Camp Crook and Reva. These roads are also shared with semi-trucks, livestock trailers, pickups, and farm equipment, and a rider has very little protection when another driver makes a mistake.

When a crash happens, a rider is often left with serious injuries, a damaged bike, and an insurance adjuster who may already be looking for ways to blame the rider. Knowing your rights under South Dakota law is the first step toward a fair recovery.

What Makes Motorcycle Crashes Different from Other Motor Vehicle Claims

Motorcycle crash injuries are usually more severe than those suffered by people inside cars and trucks. Riders are exposed to the impact, the pavement, and whatever else is nearby. That often means broken bones, road rash, head injuries, and spinal injuries that require long recoveries.

Riders also face assumptions that drivers of other vehicles do not. Insurers may suggest that a rider was speeding, weaving, or riding unsafely, even when the evidence shows the other driver turned left in front of the bike or failed to check a blind spot. In South Dakota, those arguments can have real consequences because of the state’s contributory negligence rule.

Under SDCL 20-9-2, an injured person’s negligence does not bar recovery if it was slight in comparison with the negligence of the defendant, and damages are then reduced in proportion to the injured person’s contributory negligence. If the rider’s negligence is found to be more than slight, recovery is barred. Building a strong record of what actually happened is essential to answering the blame-shifting arguments riders so often face.

Why Hoy Law Handles These Cases

Hoy Law has represented injured people since 1991. Its trial lawyers bring over 150 years of combined experience, and the firm handles truck, car, and motorcycle crash cases across the state. When a motorcycle crash involves a semi-truck or other commercial vehicle, the firm’s attorneys include the only board-certified trucking accident lawyers in South Dakota.

The firm investigates each crash independently. That can include obtaining the law enforcement report, photographing the scene and the motorcycle, preserving electronic data from involved vehicles, locating witnesses, and working with reconstruction professionals when the facts are disputed. On rural highways like those around Buffalo, physical evidence can disappear quickly, so early action helps.

Motorcycle accident cases are handled on a contingency fee basis, meaning there is no attorney fee unless the firm recovers compensation. The consultation is free, and the first conversation can happen by phone.

Common Causes and Injury Patterns in Northwest South Dakota Motorcycle Crashes

Motorcycle crashes in rural parts of the state often involve:

  • Drivers turning left across a rider’s path at junctions or driveways
  • Vehicles drifting across the center line on two-lane highways
  • Unsafe passing by cars and trucks
  • Large trucks failing to see a motorcycle or creating dangerous wind blast when passing
  • Drunk, drugged, or distracted drivers
  • Gravel, debris, or road defects that a responsible party should have addressed
  • Defective motorcycle parts, such as brakes or tires

Common injuries include traumatic brain injuries, spinal cord injuries, fractures, road rash and skin grafts, internal injuries, and amputations. Many of these injuries involve months of treatment, time away from work, and lasting effects on a rider’s daily life.

What to Do After a Motorcycle Crash in the Buffalo Area

If you are able after a crash, these steps can help protect your health and your claim:

  • Get medical attention right away, even if you think you are fine.
  • Make sure law enforcement documents the crash.
  • Photograph your motorcycle, the other vehicles, the road surface, and your injuries.
  • Keep your helmet, riding gear, and clothing. They can be important evidence.
  • Collect contact information for witnesses.
  • Do not let the motorcycle be repaired or scrapped until a lawyer has had a chance to review it.
  • Avoid giving a recorded statement to the other driver’s insurer before getting legal advice.

Understanding What Your Claim Is Worth

Compensation in a motorcycle crash case may include medical expenses, future medical care, lost wages, lost earning capacity, pain and suffering, loss of enjoyment of life, permanent impairment or scarring, and damage to the motorcycle and gear.

Insurance coverage plays a big role in what is recoverable. South Dakota requires minimum liability coverage of $25,000 per person, $50,000 per accident, and $25,000 for property damage, along with uninsured and underinsured motorist coverage. A serious motorcycle injury can exceed the other driver’s minimum coverage quickly, and UM or UIM coverage may provide additional compensation.

South Dakota’s helmet law requires riders under 18 to wear a helmet. Eye protection is also required unless the motorcycle has a windshield. An insurer may still try to raise the question of protective gear in an adult rider’s case, and how that argument applies depends on the injuries and the facts. A lawyer can help you understand how these issues may affect your claim.

How Insurers Try to Shift Blame Onto Riders

Because South Dakota’s contributory negligence rule bars recovery when an injured person’s negligence is more than slight in comparison with the defendant’s, insurers have every reason to look for fault on the rider’s side. Common arguments include claims that the rider was going too fast, was positioned poorly in the lane, was hard to see, or should have been able to stop or swerve in time.

These arguments are often built on assumptions rather than evidence. A careful investigation can answer them with facts: the location of the impact, the damage pattern on both vehicles, skid and scrape marks on the roadway, sight lines at the intersection or curve, witness accounts, and electronic data from the other vehicle when it is available. When fault is genuinely disputed, an accident reconstruction professional may be able to show how the crash actually unfolded.

The best time to collect this evidence is right after the crash. On rural highways around Buffalo, weather, traffic, and road maintenance can erase marks on the pavement quickly, and the other vehicle may be repaired or sold. Contacting a lawyer early gives the best chance to preserve what matters.

Questions Motorcycle Accident Victims Ask

How long do I have to file a motorcycle accident claim?

For an adult, the statute of limitations for a personal injury claim in South Dakota is generally three years from the date of the injury. Deadlines can differ for children, so talk with a lawyer about the timeline if a minor was hurt.

Do I have to wear a helmet in South Dakota?

Riders under 18 must wear a helmet. Eye protection is required unless the motorcycle has a windshield.

Can I recover if the insurer says I was partly at fault?

Possibly. If your negligence was slight in comparison with the other driver’s, you may recover, though your damages are reduced in proportion to your contributory negligence. If it was more than slight, recovery is barred.

What if a truck caused my crash?

Crashes involving commercial trucks can involve several liable parties and federal safety rules on hours of service, maintenance, and driver qualifications. Hoy Law’s attorneys include the only board-certified trucking accident lawyers in South Dakota.

What if the driver who hit me had no insurance?

South Dakota requires uninsured and underinsured motorist coverage. Your own policy may provide compensation if the at-fault driver had no insurance or not enough.

What if a road condition or government vehicle was involved?

Claims against a South Dakota public entity require written notice within 180 days. If a road defect or government vehicle may be involved, speak with a lawyer quickly.

Should I keep my damaged helmet and gear?

Yes. Your helmet, jacket, and other gear can help show the forces involved in the crash and support your injury claim.

Should I accept a quick settlement offer?

Early offers often come before the full extent of an injury is known. Once you sign a release, you generally cannot reopen the claim.

What does it cost to talk with Hoy Law?

The consultation is free, and there is no attorney fee unless the firm recovers compensation for you.

Representing Motorcycle Accident Clients Across Northwest South Dakota

Hoy Law represents riders in Buffalo and throughout Harding County, including Camp Crook, Reva, and Ludlow. The firm also represents riders injured along US-85 toward Redig and Belle Fourche, along SD-20 into Perkins County communities such as Prairie City and Bison, and across the rest of South Dakota.

Hoy Law is a Sioux Falls personal injury firm representing people hurt in truck, car, and motorcycle accidents across South Dakota. Focused on plaintiff injury work since 1991, its trial lawyers bring over 150 years of combined experience, and its attorneys include the only board-certified trucking accident lawyers in South Dakota. Hoy Law is located at 4900 S Minnesota Ave, Suite 200, Sioux Falls, SD 57108 and can be reached by phone at (605) 334-8900.

Talk to a Buffalo Motorcycle Accident Attorney Before Accepting Any Offer

If you were hurt in a motorcycle crash near Buffalo, a Buffalo motorcycle accident attorney at Hoy Law can review what happened and explain your options before you make decisions with the insurance company. Call (605) 334-8900 for a free consultation. There is no fee unless the firm recovers compensation for you.