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Home > Hartford Motorcycle Accident Lawyer

Hartford Motorcycle Accident Lawyer

Riding around Hartford offers open roads and easy access to the rest of eastern South Dakota, but it also means sharing the road with cars, pickups, semis, and farm equipment whose drivers do not always look for motorcycles. Hoy Law represents riders and passengers in Hartford and throughout Minnehaha County who have been hurt by careless drivers. If you need a Hartford motorcycle accident lawyer, our attorneys understand the injuries riders suffer and the bias riders often face from insurance companies.

Motorcycle crashes are rarely minor. Without the protection of a vehicle frame, airbags, and seat belts, riders absorb the full force of a collision. Even at moderate speeds, a crash can cause fractures, head injuries, spinal damage, and severe road rash. Recovery can take months or longer, and some injuries are permanent.

We handle motorcycle accident cases on a contingency fee basis, and consultations are free.

What Causes Serious Motorcycle Accidents in the Hartford Area

Most motorcycle crashes involving another vehicle come back to a driver who did not see the rider or misjudged the rider’s speed. Around Hartford, the common patterns include:

  • Left-turn crashes, where a driver turns across the path of an oncoming motorcycle at an intersection or driveway
  • Lane-change crashes on Interstate 90 and other multi-lane roads, where a driver moves into a lane already occupied by a rider
  • Rear-end collisions, especially in slowing traffic closer to Sioux Falls
  • Rural intersection crashes on county roads, where drivers roll through stop signs or pull out from side roads
  • Distracted driving, which makes a smaller vehicle like a motorcycle even easier to miss
  • Impaired drivers who react slowly or drift across lanes
  • Road hazards such as loose gravel, potholes, and debris, which can be far more dangerous on two wheels

Highway 38, which runs through Hartford toward Sioux Falls, and the I-90 corridor both see a mix of local, commuter, and through traffic. Many motorcycle crashes happen in exactly these settings, where speed and traffic volume combine.

Why Hoy Law Handles These Cases Differently

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.

Motorcycle cases come with a challenge that most car cases do not: the assumption that the rider must have been doing something risky. Insurers lean on that assumption to argue that a rider was speeding, weaving, or hard to see. We counter that with evidence. Depending on the case, that may include scene measurements, vehicle damage analysis, witness interviews, video, and accident reconstruction. The goal is a clear, factual account of what happened that does not rely on stereotypes about riders.

Our attorneys, Scott G. Hoy, Carleton R. “Tex” Hoy, James L. Hoy, Morgan Adams, Danny Ellis, and Trey D. Hubers, also pay close attention to the full cost of a motorcycle injury. That includes future surgeries, rehabilitation, lost earnings, and the effect on a rider’s ability to work and enjoy life, including riding itself.

The Injuries Riders Suffer and the Full Cost of Recovery

The injuries in a motorcycle crash are often more severe than in a car crash at the same speed. A rider may be thrown from the bike, strike the other vehicle directly, or slide across pavement or gravel. Common injuries include:

  • Traumatic brain injuries, even when a helmet is worn
  • Spinal cord injuries and fractured vertebrae
  • Broken legs, arms, wrists, and pelvises, often requiring surgery
  • Road rash and skin injuries that can require grafts and lead to infection or scarring
  • Crushing injuries to the lower legs and feet
  • Internal injuries

Many of these injuries require a long recovery. A rider may need multiple surgeries, weeks or months of physical therapy, and time away from work. Some riders return to their jobs with restrictions, and some cannot return at all. The emotional effects matter too. Chronic pain, scarring, and the loss of independence can change a person’s daily life in ways that medical bills alone do not capture.

A fair claim needs to account for all of it: past and future medical care, lost wages, reduced earning capacity, damage to the motorcycle and gear, and the pain, suffering, and loss of enjoyment of life that follow a serious crash. We work with treating doctors and, when appropriate, outside professionals to make sure future needs are documented and not overlooked by the insurer.

Types of Motorcycle Accident Claims Hoy Law Handles

  • Collisions with passenger cars and pickups
  • Crashes involving semis and other commercial trucks
  • Claims on behalf of injured motorcycle passengers
  • Hit-and-run crashes and claims involving uninsured drivers
  • Underinsured motorist claims when the at-fault driver’s coverage is too low
  • Wrongful death claims after a fatal motorcycle crash

After a Motorcycle Crash in Hartford: What to Do

  • Get medical attention immediately. Adrenaline can mask serious injuries, including head and internal injuries.
  • Make sure the crash is reported to law enforcement.
  • Preserve your gear. Your helmet, jacket, and other gear can be evidence of how the crash happened and the forces involved. Do not throw them away.
  • Do not repair the motorcycle until it has been photographed and, if needed, inspected.
  • Get witness information whenever possible.
  • Be careful with insurers. Do not give a recorded statement to the other driver’s insurance company before talking with a lawyer.
  • Keep records of all medical treatment, bills, and missed work.

South Dakota requires riders under 18 to wear a helmet. Riders must also use eye protection unless the motorcycle has a windshield. Helmet and gear questions sometimes come up in motorcycle cases, and an insurer may try to use them to reduce a claim. How that plays out depends on the facts, so it is worth discussing with an attorney rather than assuming the worst.

How South Dakota’s Contributory Negligence Rule Affects Motorcycle Claims

South Dakota follows a contributory negligence rule under SDCL 20-9-2. An injured rider’s contributory negligence does not bar recovery if it was slight in comparison with the negligence of the defendant, and the damages are then reduced in proportion to the rider’s contributory negligence. If the rider’s negligence was more than slight, recovery is barred.

There is no set number for what counts as slight. A jury makes that comparison based on the evidence. For motorcyclists, this rule raises the stakes considerably, because defense lawyers often try to paint riders as reckless. A thorough investigation that shows what the other driver did, and what the rider did right, is often the most important part of the case.

Questions Hartford Motorcyclists Ask About Accident Claims

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 if a minor rider or passenger was hurt, talk to a lawyer about timing. Claims against a public entity, such as one involving a government vehicle or road defect, require written notice within 180 days.

Can I still recover if I was not wearing a helmet?

South Dakota’s helmet requirement applies to riders under 18. For adult riders who chose not to wear one, an insurer may still argue about the effect on injuries. How that affects a particular claim depends on the facts and the injuries involved, so talk to a lawyer before drawing conclusions.

What if the insurance company says I was speeding?

That is a common argument in motorcycle cases. Under South Dakota’s contributory negligence rule, the question is whether any negligence by the rider was slight in comparison with the other driver’s. Evidence about speed, sight lines, and vehicle positions can be developed through investigation and, when needed, expert reconstruction.

Can a passenger bring a claim?

Yes. An injured passenger may have claims against the driver of the other vehicle and, depending on the facts, against the operator of the motorcycle. Available insurance coverage is an important part of that analysis.

What if a truck was involved?

Crashes involving commercial trucks raise additional issues, including federal safety rules and multiple insurers. Our attorneys include the only board-certified trucking accident lawyers in South Dakota.

Does my motorcycle insurance include UM and UIM coverage?

South Dakota requires uninsured and underinsured motorist coverage on auto liability policies, and it is important to review your motorcycle policy to confirm what applies. We review every available policy as part of a case.

What damages can I recover after a motorcycle crash?

Depending on the case, damages may include medical expenses, future care, lost wages, reduced earning capacity, property damage, pain and suffering, and loss of enjoyment of life.

Should I accept the first settlement offer?

Early offers often come before the full extent of an injury is known. Once a release is signed, the claim is closed. Have a lawyer review the offer first.

How much does it cost to work with Hoy Law?

Consultations are free, and we handle motorcycle cases on a contingency fee basis with no upfront cost.

Serving Motorcycle Accident Clients Across Hartford and South Dakota

Hoy Law represents riders and passengers in Hartford and the surrounding area, including Humboldt, Crooks, Renner, Lyons, Colton, Baltic, Montrose, Tea, Brandon, and Sioux Falls. We handle crashes on I-90, I-29, Highway 38, and roads throughout Minnehaha and Lincoln counties and across South Dakota.

Talk to a Hartford Motorcycle Accident Attorney About Your Case

If you were hurt while riding in or near Hartford, Hoy Law can review what happened and explain your options. Call (605) 334-8900 for a free consultation, or stop by our office at 4900 S Minnesota Ave, Suite 200, Sioux Falls, SD 57108 to speak with a Hartford motorcycle accident attorney.