Rapid City Car Accident Lawyer
Injured in an Auto Accident in South Dakota?
Every year, thousands of people are injured or killed in motor vehicle accidents in South Dakota. According to the South Dakota Department of Public Safety (DPS), 12.8% of all South Dakota drivers involved in collisions were injured in 2021, and another 0.4% were killed. Even more alarming, Pennington County was one of the top two most dangerous counties in terms of overall traffic crashes, second only to Minnehaha County, with 1,285 accidents.
If you or your loved one was involved in an automobile accident in South Dakota, you already know the devastating impact these collisions have, both on the victim and their family. What you may not realize is that you could be entitled to financial compensation for your medical bills, vehicle repair costs, pain and suffering, and other losses.
Continue reading to learn more or contact Beardsley, Jensen & Lee at (605) 777-7466 to speak to one of our Rapid City car accident attorneys during a free, no-obligation consultation.
On This Page:
- Filing a Car Accident Claim in South Dakota
- Proving Fault for a Car Accident
- Damages in South Dakota Car Accident Claims
- What to Do After a Car Accident
- Why It's Worth Hiring a Lawyer After a Car Accident
- Speak with an Experienced Auto Accident Lawyer Today
Filing a Car Accident Claim in South Dakota
What Is the Statute of Limitations for Car Accidents in South Dakota?
First, you should be aware of the state’s statute of limitations, or deadline to file a car accident claim. In South Dakota, you only have three years from the date of the accident to file a personal injury lawsuit. If your loved one died due to a motor vehicle collision, you have three years from the date of death to bring a wrongful death claim.
Is South Dakota a Fault or No-Fault State for Car Accidents?
South Dakota is what is known as a “fault” or “tort” state when it comes to motor vehicle accidents. Unlike in no-fault states, this means that you will likely be unable to recover compensation through your own auto insurance provider after the accident
That is, unless you have elected specific coverage outside of the state’s mandatory minimum liability coverage. Instead, you will need to pursue compensation from the at-fault driver’s insurance company. An experienced auto accident lawyer in Rapid City can help you prove that they were to blame for the accident and fight for the compensation you deserve.
How to Prove Fault for a Car Accident in South Dakota
Proving the fault of another driver (or some other party) is a critical element of your car accident claim. Typically, the at-fault party is also the one liable for your damages.
Another motorist may be at fault for the accident if they acted negligently or wrongfully, and this conduct led to the accident. Examples include:
- Texting or using a handheld or device while driving
- Driving under the influence of alcohol and/or drugs
- Driving while distracted
- Violating traffic laws and/or rules of the road
- Speeding
- Failing to yield the right of way
- Failing to obey traffic control devices, such as red lights or stop signs
- Unlawful passing
- Driving while fatigued/falling asleep at the wheel
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Even before I became a client I was taken care of. It was a long battle but I can honestly say I never felt worried, I knew I had an entire team working for me. It didn't matter at what point we were in the legal process, I was always well protected.- Shannon H.
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This was my second case working with the Beardsley Law Team after an auto collision. They were knowledgeable, professional, and personable and kept me informed every step of the way. They are amazing!- Deanine R.
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Brad Lee and his team are amazing and really stood up for us when we needed it! We always knew what was happening and he always took the time to explain the process and set clear expectations. No question or concern was too small.- Brad & Tara F.
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I was in a severe workplace accident. Became permanently disabled. I lost everything. The team of Beardsley, Jensen & Lee went to bat for me. They answered every question I had. I do not know what I would have done without them.- Troy H.
