Car Accident Claims in South Dakota

Every case is different. But in all personal injury claims, there are a few elements that we look at to see if you have a case. We check to see if:

• There Were Damages: Personal injury lawsuits are designed to recover "damages," such as medical expenses, lost wages, and pain and suffering. The injury must involve substantial costs to file a lawsuit, which can vary depending on the state.
• Someone Else Was At Fault: To get compensation from someone else’s insurance company in South Dakota, they must have acted negligently in a way that caused or contributed to your injuries.
• There’s Enough Insurance Coverage: Personal injury lawsuits are usually filed against insurance companies, not individuals. The parties responsible must have enough insurance coverage to fully cover the injured person’s medical expenses or compensate them for their injuries.

If you are unsure if you have a case, contact us. We are here to help residents of South Dakota.

Immediately after a car accident in South Dakota, your primary focus should be your safety and well-being and securing the necessary help.

First, assess yourself and any passengers for injuries. If anyone is hurt, call 911 immediately for medical assistance. When safe, move your vehicle out of traffic. If the car cannot be moved, turn on your hazard lights to warn other drivers.

Next, call the police. Even if the accident seems minor, it's crucial to have a police report. The responding officer will document the scene, which can be vital for your insurance claim or legal action.

Collect information from the other driver, including their name, contact details, driver’s license number, license plate number, and insurance information. Be polite, but avoid discussing fault or making statements that could be used against you later.

Take photos or videos of the accident scene in South Dakota, including vehicle damage, skid marks, traffic signs, and other relevant details. These can serve as critical evidence. If there are any witnesses, get their contact information and ask if they would be willing to provide a statement.

Even if you feel fine, getting checked out by a medical professional is wise. Some injuries may not be immediately apparent but can become serious if untreated. A medical visit also creates evidence that you took your accident seriously.

Next, report the accident to your insurance provider as soon as possible. Stick to the facts and avoid admitting fault.

Finally, contact a car accident lawyer at Morgan & Morgan in South Dakota—especially if you’ve sustained injuries or the damage is significant. One of our auto injury lawyers can help protect your rights and guide you through the claims process.

The statute of limitations, which varies by state, determines the time frame for filing a car accident injury claim. Typically, this period ranges from one to four years from the date of the accident. Missing this deadline could result in losing your right to pursue compensation.

In some cases, injuries or damages may not be immediately apparent. The discovery rule allows the statute of limitations to begin when the injury is discovered or reasonably should have been discovered. The discovery rule is particularly relevant in cases where internal injuries or long-term health issues arise after the accident.

It's especially important to visit a medical professional as soon as possible after the accident. Even if you don't feel hurt, a complete workup will document the state of your health and potentially discover injuries you may not feel yet. In some states, medical paperwork filed shortly after the incident is a requirement for obtaining certain benefits.

Filing a claim sooner rather than later is key to building a strong case. Evidence can deteriorate, memories fade, and witnesses may become harder to locate. By acting promptly, you improve your chances of securing vital evidence.

Given the complexities of statutes of limitations and the potential for exceptions, it’s wise to consult a car accident lawyer in South Dakota as soon as possible after your accident. A lawyer can help ensure your claim is filed within the appropriate time frame and advise you on the best action.

The time it takes to resolve a car accident lawsuit can vary widely depending on several factors, including the case's complexity, the severity of injuries, and the parties' willingness to settle.

After the accident, your lawyer in South Dakota will investigate the case, gather evidence, and calculate damages. Once this is complete, they will file a claim with the insurance company or a lawsuit in court. Depending on the case's complexity, this initial phase can take several weeks to months.

Most car accident cases are resolved through settlement negotiations rather than going to court. These discussions often begin soon after the claim is filed and can take several months to conclude. The timeline depends on the complexity of the damages and how quickly both parties are willing to reach an agreement.

Choosing the right legal team in South Dakota can make all the difference in the outcome of your case. With over 35 years of experience handling car accident cases, our attorneys are well-versed in state and federal traffic laws and insurance regulations. We know what it takes to build a strong case and secure the compensation you deserve.

When you choose Morgan & Morgan in South Dakota, you’re not just hiring an attorney—you’re gaining the support of an entire team of legal professionals committed to your case. This includes paralegals, investigators, and medical experts who collaborate to build the strongest case possible on your behalf.

The best part is that you don’t pay a dime unless we win your case. We understand that after a car accident, the last thing you need is additional financial stress. That’s why we operate on a contingency fee basis. That’s right—the Fee is Free™. You only pay a share of your compensation if we win.

As the nation’s largest personal injury law firm with a prominent presence in South Dakota, partnering with Morgan & Morgan sends a powerful message that you’re serious about your case. With over $23 billion recovered for clients, Morgan & Morgan’s reputation for success is recognized nationwide.

You don’t have to face this challenging time alone. At Morgan & Morgan, we are committed to helping car accident victims in South Dakota navigate the complexities of their claims and achieve the justice and compensation they deserve. Remember, our services are free unless we win your case, and we’re here to fight for you every step of the way.

If you’ve been injured in a car accident in South Dakota, don’t delay. Fill out our free case evaluation form today to learn how Morgan & Morgan can help you take the first step toward recovery and justice.

A "no win, no fee" agreement, also known as a contingency fee arrangement, enables clients in South Dakota to hire a lawyer without any upfront costs.

Under this arrangement, you won’t be required to pay any upfront fees, ensuring that legal representation is available to everyone, regardless of financial situation.

You only pay your attorney if they secure a settlement or court judgment on your behalf. If your case is unsuccessful, you owe nothing for their services.

If your lawyer wins the case, their fee is typically a percentage of your compensation. The specific amount may vary depending on the complexity of the case and the amount of work involved.

The “no win, no fee” arrangement aligns the lawyer's interests with yours, as they only get paid if you win. This strongly incentivizes your lawyer to work diligently on your behalf and seek the maximum possible compensation for your case.

At Morgan & Morgan, we believe justice should be accessible to all, so we operate on this same contingency fee system and have made it our motto that the Fee Is Free™—you only pay if we get you compensated.

If you’ve been injured in a car accident in South Dakota, you may be entitled to various types of compensation, depending on the specifics of your case.

• Medical Expenses: This includes compensation for all past, present, and future medical costs related to your injury. It covers hospital bills, doctor’s visits, surgeries, medication, physical therapy, and necessary medical equipment. Compensation should also account for future expenses if your injury requires ongoing treatment.
• Lost Wages: If your injury has resulted in missed work, you may be eligible to seek compensation for lost wages. This includes the income you’ve already forfeited and any potential future earnings you might lose if your injury impacts your ability to work. For permanent disabilities, this could also include compensation for a reduced earning capacity.
• Pain and Suffering: Car accident injuries can cause significant physical pain and emotional distress. Compensation for pain and suffering is intended to address the non-economic impact of your injuries, such as chronic pain, anxiety, depression, and the overall decrease in your quality of life.
• Emotional Distress: Severe accidents can lead to emotional trauma, including PTSD, anxiety, and depression. Compensation for emotional distress aims to provide financial relief for the psychological impact of the accident.
• Disability and Disfigurement: If the accident resulted in a permanent disability or disfigurement, such as a loss of limb or scarring, you could receive additional compensation to address the lifelong impact of these injuries.
• Loss of Consortium: If your injuries have impacted your relationship with your spouse or family, you may qualify for compensation for loss of consortium. This compensation can address the loss of companionship, affection, and support caused by your injury.
• Punitive Damages: In some cases, where the at-fault party’s conduct was particularly reckless or malicious, you may be awarded punitive damages. These are intended to punish the wrongdoer and deter similar behavior in the future.
• Property Damage: You may also be entitled to compensation for damage to your vehicle or other personal property. This compensation can cover repair or replacement costs and rental car expenses incurred while your vehicle is being repaired.

Each car accident case in South Dakota is unique, and the types of compensation you can receive will depend on the details of your injury, the impact on your life, and the circumstances surrounding the accident. A Morgan & Morgan lawyer in South Dakota can help you determine the full extent of your damages and fight for the compensation you deserve.

While hiring a lawyer for a minor car accident in South Dakota may seem unnecessary, doing so can be crucial to ensuring that your rights are protected and that you receive fair compensation.

Even in minor accidents, insurance companies may minimize payouts. They might offer a quick settlement that doesn’t fully cover your expenses or losses. A lawyer in South Dakota can help you evaluate the offer and negotiate a fair settlement that includes all of your damages, even those that may not be immediately apparent.

Also, not all injuries are immediately noticeable after an accident. Some, like whiplash, concussions, or soft tissue injuries, may take days or weeks to manifest. Without legal representation, you might settle too early before the full extent of your injuries is known. A lawyer can ensure that all potential future medical costs are considered.

At Morgan & Morgan in South Dakota, our reputation and team of trial-ready lawyers can communicate to the other side that low-ball settlements will not work and that we intend to fight for the maximum compensation you deserve.

While you might think you can handle a minor accident alone, having an auto accident lawyer in South Dakota can help you avoid potential pitfalls and ensure you receive the compensation you deserve.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation. Hiring one of our car crash lawyers in South Dakota is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan in South Dakota, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C. Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team with a primary attorney overseeing your case and ensuring you receive personalized attention.

After your initial consultation in South Dakota, your care team will schedule regular meetings to discuss your case, provide updates, and prepare you for upcoming proceedings. We are committed to maintaining open lines of communication and keeping you informed every step of the way. Depending on your case’s requirements and your ability, these meetings can be conducted in person, virtually, or by phone.

The average settlement for a car accident claim can vary widely depending on several factors, including the severity of injuries, the extent of property damage, and the circumstances surrounding the accident.

The severity of your injuries is the most significant factor in determining a settlement amount.  Cases involving minor injuries, such as whiplash or bruising, may result in smaller settlements. In contrast, severe injuries, such as spinal cord damage, traumatic brain injuries, or multiple fractures, can lead to much more substantial settlements.

Your medical bills play a crucial role in calculating your settlement. This includes costs for emergency room visits, surgeries, hospital stays, physical therapy, and any ongoing or future medical care. The higher your medical expenses, the larger your settlement will likely be.

Proving fault in a car accident case can help you secure compensation for your injuries and damages. The process involves gathering and presenting evidence demonstrating the other party’s negligence or wrongdoing.

After an accident, a police officer typically investigates the scene and files a report. This report often includes the officer’s observations, statements from the drivers and witnesses, and sometimes the officer’s opinion on who was at fault. While not definitive, a police report can be strong evidence to establish fault.

Witnesses who saw the accident can provide valuable accounts that support your version of events. Their testimonies can help corroborate your claims and strengthen your case.

Photographic evidence from the accident scene can be crucial. Pictures of vehicle damage, skid marks, traffic signs, road conditions, and other relevant details can help recreate the sequence of events and demonstrate how the accident occurred.

If the other driver violated traffic laws, such as running a red light, speeding, or failing to yield, this can indicate fault. Traffic citations issued to the other driver at the scene can also be evidence.

In more complex cases, Morgan & Morgan’s accident reconstruction experts in South Dakota may be called upon to analyze the evidence and provide an opinion on how the accident occurred and who was at fault. Their expertise can help clarify the events leading up to the collision.

If the other driver admits fault at the scene or afterward, their admission can be used as evidence. However, being cautious with your statements is important, as anything you say could also be used against you.

Your detailed account of the accident—what you saw, heard, and experienced—is crucial. Providing clear and consistent testimony can help establish the facts of the case.

Proving fault requires a comprehensive approach to gathering and presenting evidence. A Morgan & Morgan lawyer in South Dakota can assist you in building a strong case, ensuring that all relevant evidence is collected and effectively used to demonstrate the other party’s liability.

South Dakota follows a unique slight/gross negligence rule, which allows you to recover damages only if your negligence is deemed "slight" compared to the other party’s "gross" negligence. If your fault is determined to be more than slight, you cannot recover compensation.

Insurance companies may argue that your negligence was more than slight to avoid paying out. An experienced attorney in South Dakota is essential for navigating this unique legal standard and securing fair compensation.

To build a strong case, collect evidence such as police reports, photos, videos, and witness statements. A Morgan & Morgan attorney in South Dakota can help present this evidence and demonstrate that the other party’s negligence far outweighed your own.

Given the complexity of slight/gross negligence laws, acting quickly and consulting with a knowledgeable attorney is vital to protect your rights and pursue compensation.

If you’re involved in a car accident in South Dakota with an uninsured or underinsured driver, it can complicate the process of recovering compensation for your damages. However, there are several avenues you can pursue to ensure that you are not left bearing the financial burden.

If you have uninsured/underinsured motorist (UM/UIM) coverage as part of your auto insurance policy in South Dakota, this coverage can step in to cover your damages when the at-fault driver lacks sufficient insurance. UM coverage pays for medical expenses, lost wages, and other damages you would have otherwise sought from the other driver’s insurance. UIM coverage applies when the at-fault driver’s insurance is insufficient to cover the full extent of your losses.

Navigating a claim involving an uninsured or underinsured driver can be complex. A Morgan & Morgan car accident lawyer in South Dakota can help you explore all available options, negotiate with your insurance company, and determine the best strategy for securing the compensation you need.

Car accidents involving rideshare (such as Uber or Lyft) or delivery drivers (such as those working for DoorDash or Amazon) present unique legal challenges.

As with any car accident, your priority should be your safety and health. Check for injuries and call 911 if necessary. If you are injured, seek medical attention immediately.

Collect as much information as possible at the scene, including the driver’s name, contact information, and details about their vehicle. If they were working for a rideshare or delivery service at the time, get the name of the company and any relevant details about their employment status. Also, gather contact information from any witnesses.

Take photos or videos of the accident scene, vehicle damage, and visible injuries. This evidence can be crucial when filing a claim with the appropriate South Dakota insurance company.

Notify the rideshare or delivery company about the accident. Uber and Lyft, for example, have protocols for handling accidents involving their drivers. The company may have its own insurance policy covering the driver while on the job.

File a police report, which will be an important document for your insurance claim or lawsuit. When describing the accident, mention whether the driver worked for a rideshare or delivery service.

Inform your insurance company about the accident. Depending on the situation, your insurance may be involved in covering some of the damages.

Accidents involving rideshare or delivery drivers in South Dakota can involve multiple insurance policies, including the driver’s personal insurance, the company’s insurance, and potentially your own insurance. An experienced attorney at Morgan & Morgan in South Dakota can help you navigate this complex landscape, determine which policies apply, and pursue the compensation you deserve.

Rideshare and delivery companies often have large insurance policies to cover accidents involving their drivers, but getting the compensation you’re entitled to can be challenging. An attorney in South Dakota can advocate on your behalf, negotiate with the insurance companies, and, if necessary, take your case to court to protect your rights.

Being involved in a hit-and-run accident in South Dakota can be a terrifying experience. If the other driver leaves the scene, staying calm and taking specific steps to protect your rights and improve your chances of recovering compensation is important.

First, check yourself and any passengers for injuries. If anyone is injured, call 911 immediately for medical assistance. Your safety and health should always be the top priority.

Remember to document as much information about the fleeing vehicle as possible, such as the make, model, color, and license plate number. Also, note the direction in which the vehicle fled.

Seek out witnesses who may have seen the accident. Their statements could be crucial in identifying the hit-and-run driver and supporting your claim. Ask for their contact information, as they may be able to provide a statement to the police or your attorney.

Contact the police immediately to report the hit-and-run in South Dakota. Provide them with all the details you gathered. A police report will be essential for your insurance claim and any potential legal action.

Even if you don’t feel injured, seeing a doctor as soon as possible is important. Some injuries may not be immediately apparent but could have long-term effects. Medical documentation will also be vital for your claim.

Next, report the accident to your insurance company promptly. Depending on your policy, you may have coverage options such as uninsured motorist coverage, which can help pay for your damages when the at-fault driver is unknown.

Hit-and-run cases can be complex, especially when the at-fault driver cannot be identified. An experienced car accident attorney at Morgan & Morgan in South Dakota can help you navigate the legal process, work with your insurance company, and explore all possible avenues for compensation.

Even if the hit-and-run driver is never found, you may still be entitled to compensation through your own insurance policy or other means. An attorney in South Dakota can evaluate your case, explain your options, and help you recover the damages you deserve.

Every time we hit the road, we embark on a journey that demands caution, responsibility, and awareness. Despite advancements in vehicle safety, car crashes remain an unfortunate reality, often resulting from various factors. At Morgan & Morgan, we believe that knowledge is an important tool for prevention.

• Distracted Driving: In an era of technology, distracted driving has become a pervasive issue. Whether texting, talking on the phone, or engaging with in-car entertainment systems, diverted attention can have devastating consequences.
• Speeding: Exceeding speed limits poses a significant risk on the road. Speeding reduces reaction time and increases the severity of accidents, making it a leading contributor to collisions.
• Impaired Driving: Driving under the influence of alcohol or drugs remains a major cause of accidents. Impaired judgment and coordination significantly elevate the likelihood of crashes with severe outcomes.
• Reckless Driving: Aggressive and reckless driving behaviors, such as tailgating, weaving between lanes, and disregarding traffic signals, create hazardous conditions and are a major cause of accidents.
• Weather Conditions: Adverse weather, from rain and snow to fog and ice, amplifies driving challenges. Reduced visibility and slippery roads make accidents more probable during inclement weather.
• Running Red Lights and Stop Signs: Failure to obey traffic signals and signs jeopardizes the safety of everyone on the road. Drivers who disregard these crucial directives may cause intersection-related collisions.
• Driver Fatigue: Tired and drowsy driving impairs cognitive functions and reaction times. Fatigue-related accidents are more prevalent than one might think, especially during long-distance travel and late-night driving.

Sometimes, however, other negligent drivers can introduce more risks on the road, regardless of how carefully you drive. If you're involved in a car wreck in South Dakota that wasn’t your fault, Morgan & Morgan's dedicated team is here to help you fight for the justice and compensation you deserve. Contact us today for a free, no-obligation case evaluation.

A Morgan & Morgan car accident lawyer in South Dakota can provide priceless help after a car accident, offering legal guidance to navigate the complexities of your case and ensuring that you receive the compensation you deserve.

Car accident laws can be complex, with regulations varying from state to state. As the nation’s largest personal injury law firm with a strong presence in South Dakota, Morgan & Morgan’s attorneys are well-versed in the local laws and regulations related to your car accident. Your attorney will clarify your rights, discuss your legal options, and help you understand the potential outcomes of your case.