Truck 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 aim 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 differ by state. Our South Dakota-based attorneys use their in-depth knowledge of South Dakota’s legal system to manage your case efficiently and ensure it complies with state-specific laws and regulations.
• Someone else was at fault. To receive compensation from another person’s insurance company, they must have acted negligently in a manner that caused or contributed to your injuries.
• There’s enough insurance coverage. Personal injury lawsuits are typically filed against insurance companies rather than individuals. The at-fault party must have sufficient insurance coverage to cover the injured person's medical expenses or provide full compensation for their injuries.

If you are unsure if you have a case, contact our South Dakota-area lawyers. We're here to help.

If you’re unsure what to do after being hit by a semi-truck, your top priority should be ensuring your safety and seeking medical attention.

Move your vehicle to a safe location away from traffic. Call 911 to report the accident and request medical assistance for anyone injured. Even if you feel fine, some injuries may not be immediately noticeable. A medical evaluation ensures your well-being and documents your condition, which can be critical for your claim. Professional medical care creates a record that may serve as valuable evidence in court.

Collect essential information from the truck driver, including their name, contact details, insurance information, trucking company name, and license plate number.

While taking a photo of a license plate is useful in many auto accidents, commercial truck accidents can be more complex. A license plate number alone may not provide sufficient driver information, as many trucks are leased through third parties. Instead, it is more effective to photograph the driver’s door, which typically displays the U.S. Department of Transportation (US DOT) number. This identifier allows your legal team to access the driver’s name, address, insurance information, and the trucking company’s details.

Take photos of the accident scene, vehicle damage, road conditions, and visible injuries. This evidence can be helpful for your case. You can also get contact information from witnesses who saw the accident.

Avoid making statements that could be interpreted as admitting fault, such as “I’m sorry” or “I didn’t see you,” as they could be used against you later.

As the final step, contact Morgan & Morgan. Our South Dakota team can provide you with a free case evaluation so you can learn more about your legal options and take your first steps toward moving forward with your life.

Laws set specific time limits for personal injury victims to file a lawsuit, known as the statute of limitations. For truck accident cases, this timeframe varies by state but typically ranges from one to four years from the date of the accident. 

It’s essential to consult with one of our South Dakota-based lawyers promptly, as missing the deadline can prevent you from recovering any compensation.

The statute of limitations is a legal time limit for filing a lawsuit, which varies depending on the type of case and the state.

In truck accident claims, the statute of limitations typically sets a specific timeframe for filing a claim after the accident. Filing within this period is crucial to preserve your right to seek compensation.

Consulting with a South Dakota-based attorney promptly after the incident is recommended, as collecting evidence and building a strong case can be time-consuming. Your attorney will also ensure that all necessary documents are filed accurately and within the required deadlines.

At Morgan & Morgan, our South Dakota-based team of experienced commercial truck attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights. 

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

At Morgan & Morgan, we work on a contingency fee structure, which means you don't pay any upfront fees. That’s right—the Fee Is Free™, and you only pay if we win. Your lawyer receives a percentage of the compensation you recover from your case, and only if you win. Here’s a breakdown of how it usually works:

Contingency Fee Arrangement

• No Win, No Fee: With a contingency fee, the lawyer only gets paid if you recover compensation through a settlement or court verdict.

Free Consultations

• Call Morgan & Morgan South Dakota anytime for a free case evaluation to learn more about your legal options. You are not obligated to work with us.
• From there, Morgan & Morgan’s truck accident lawyers offer a free initial consultation to evaluate your case, explain the legal process, and discuss the fee structure.

What Can Affect the Final Cost?

Several factors influence the total cost of hiring a truck accident lawyer, including:

• Case Complexity: Truck accidents frequently involve several liable parties, including the trucking company, driver, or manufacturer, which may require more time and resources to investigate thoroughly.
• Going to Trial vs. Settlement: Cases that go to trial often require extensive preparation, additional court filings, and greater attorney involvement, which may result in a higher percentage fee.
• Lawyer’s Experience and Reputation: Attorneys with more experience or a strong reputation may charge higher contingency fees because of their proven track record and expertise in complex cases.

Advantages of a Contingency Fee

• No Financial Risk: A contingency fee arrangement enables injured individuals to seek compensation without paying legal fees upfront.
• Incentive for Success: Since the lawyer’s fee depends on the outcome, they are motivated to secure the highest possible settlement or court award for you.

Victims of a South Dakota truck accident may be entitled to various types of compensation, including:

• Medical Expenses: Coverage for current and future medical bills, including hospital stays, surgeries, medications, and physical therapy.
• Lost Wages: Compensation for income lost due to injury and any future earning potential if the injury impacts your ability to work.
• Pain and Suffering: Monetary compensation for physical pain, emotional distress, and diminished quality of life.
• Property Damage: Reimbursement for repairing or replacing your vehicle and other personal property damaged in the accident.
• Loss of Consortium: Compensation for the impact of the injury on your relationship with your spouse or family.
• Punitive Damages: In extreme negligence or recklessness cases, the court may award punitive damages to punish wrongdoers.

After securing legal representation for a truck accident, your attorney will evaluate the damages specific to your case and estimate a fair compensation amount. Morgan & Morgan in South Dakota provides free consultations for truck accident cases, helping you explore legal options following a truck accident injury.

No, consultations with Morgan & Morgan are completely free. We are dedicated to providing legal advice to everyone, regardless of their financial situation.

Starting with one of our South Dakota truck crash lawyers is quick and easy. You can begin with a free case evaluation in minutes, either online or over the phone.

When you hire Morgan & Morgan, 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, 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.

These meetings can be handled in person, virtually, and by phone, depending on your case’s requirements and your ability to do so.

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

Medical expenses are a key factor in calculating your settlement amount. These include costs for emergency room visits, surgeries, hospital stays, physical therapy, and ongoing or future medical care. Typically, higher medical expenses lead to larger settlements.

Fault in a South Dakota truck accident is determined by examining evidence to establish which party’s negligence caused the accident. Key factors include:

• Police Reports: Official reports provide initial assessments of fault based on the responding officer’s observations.
• Eyewitness Testimonies: Statements from witnesses can provide insights into how the accident occurred.
• Accident Scene Analysis: Photos, video footage, and forensic analysis of skid marks or debris can help reconstruct the accident.
• Truck Driver Logs: These logs can reveal if the driver violated hours-of-service regulations or was fatigued.
• Vehicle Inspections: Maintenance records and vehicle inspections can uncover mechanical failures or improper maintenance.
• Black Box Data: Most trucks have data recorders that track critical information such as speed, braking, and other key details leading up to the crash.

Determining fault can be complicated and may involve multiple parties, such as the driver, the trucking company, and manufacturers. A commercial truck accident attorney can assist in gathering evidence and building a strong case on your behalf.

The legal process of a South Dakota truck accident claim can be complex, involving multiple parties and extensive investigation. It usually begins with an initial consultation with your lawyer. Morgan & Morgan’s truck accident attorneys offer a free consultation where they evaluate your case, explain your rights, and outline the legal process.

During this meeting, you’ll provide details about the accident, your injuries, and any potential evidence (police reports, photos, witness information). The South Dakota lawyer will assess whether you have a viable case and discuss the potential for compensation.

Truck accident claims often require in-depth investigations, as multiple parties may be involved. Your attorney will gather evidence, which may include:

• Police reports and accident scene photos
• Driver’s logbooks (hours of service records)
• Vehicle maintenance records
• Truck’s black box data (to see speed, braking patterns, etc.)
• Surveillance footage, if available
• Witness statements
• Medical records documenting your injuries

Depending on the case's complexity, your lawyer may collaborate with accident reconstruction experts, medical professionals, or trucking industry specialists to determine liability.

Your South Dakota attorney will identify all potentially liable parties. Truck accidents often involve multiple responsible entities, including the truck driver, the trucking company, the vehicle manufacturer, and those responsible for loading the cargo. Your lawyer will establish liability and file the appropriate claims.

Once enough evidence has been collected, your attorney will draft and send a demand letter to the insurance companies or responsible parties. This letter will outline the facts of the case, your injuries, and the requested compensation.

If negotiations fail to produce a fair settlement, your South Dakota attorney will file a formal lawsuit, initiating the litigation phase and establishing a timeline for the legal proceedings.

Your attorney will handle negotiations with the insurance companies representing the driver, trucking company, or other liable parties throughout the process. While insurers may attempt to offer a lower settlement, your attorney will advocate for fair compensation to cover your medical expenses, lost wages, pain and suffering, and other damages.

The majority of truck accident claims are resolved through out-of-court settlements. If the insurance company presents a reasonable offer, your lawyer will review it and guide you on whether to accept or continue negotiations.

If the case goes to court, both parties enter the discovery phase, exchanging evidence, documents, and witness information. This phase usually includes:

• Depositions (sworn statements taken from witnesses, the truck driver, and possibly you)
• Interrogatories (written questions exchanged between parties)
• Expert testimonies

During this phase, attorneys may file motions to dismiss certain claims or suppress specific evidence.

The case will proceed to trial if a settlement cannot be reached. Your South Dakota attorney will present evidence, call witnesses, and make legal arguments to establish liability and damages. The defense, representing the trucking company or driver, will also present its case. Once both sides have presented their arguments, the judge or jury will decide on liability and determine the amount of compensation to be awarded.

Many cases are resolved through settlements before reaching trial. Your attorney will carefully review settlement offers to ensure they adequately address your current and future needs.

Should the case go to trial, the judge or jury will determine liability and damages. If you win, the responsible parties must pay the awarded compensation.

The legal process of a truck accident claim involves consultation with an attorney, evidence gathering, negotiations, and possibly going to court. Each step is designed to ensure that you receive fair compensation for your injuries and damages. An experienced South Dakota attorney will guide you through this process and advocate on your behalf.

Truck accidents are more complex because they often involve multiple parties, including the truck driver, trucking company, vehicle manufacturers, and cargo loaders. Additionally, trucking companies are governed by federal regulations, such as those set by the Federal Motor Carrier Safety Administration (FMCSA), which adds another layer of legal considerations. 

The severity of injuries and the high stakes in compensation claims contribute to the complexity of truck accident cases. Large trucks can cause significantly more damage than a typical small vehicle fender-bender.

A truck accident lawyer at Morgan & Morgan in South Dakota can guide you through the complex legal process, giving you the space to focus on your recovery and moving forward with your life.

Common causes of truck accidents in South Dakota include:

• Driver Fatigue: Truck drivers frequently face pressure to meet strict delivery deadlines, resulting in fatigue and slower reaction times.
• Distracted Driving: Texting, eating, or using in-cab technology can distract drivers from the road.
• Speeding: Trucks require longer stopping distances, and speeding increases the risk of collisions.
• Improper Loading: Overloaded or improperly secured cargo can cause the truck to tip or lose control.
• Mechanical Failures: If not properly maintained, faulty brakes, tires, or other mechanical issues can lead to accidents.
• Driving Under the Influence: Alcohol or drug use impairs a driver’s ability to operate the vehicle safely.

Yes, it is often possible to sue the trucking company if the driver is found at fault for the accident. This is based on the legal principle of vicarious liability, which holds employers accountable for the actions of their employees while performing job-related duties. The trucking company may be liable for the driver’s negligence or recklessness in a truck accident. 

Respondeat Superior is a legal principle that holds employers responsible for their employee's negligent actions, provided the employee acted within the scope of their employment at the time of the accident.

In a South Dakota truck accident, the trucking company may be liable for the driver’s actions if the driver performed job-related tasks, such as delivering goods or following a company route, even if the company itself was not directly at fault.

Negligence of the Trucking Company

In some cases, the trucking company may also be directly at fault, strengthening the case against them. Common reasons include:

• Negligent Hiring Practices: A company may be liable for negligent hiring if they employ an unqualified or unsafe driver, such as someone with a poor driving history or insufficient training.
• Poor Training: The company could be held responsible if it failed to provide adequate training for the driver.
• Improper Truck Maintenance: The trucking company is responsible for ensuring its fleet is adequately maintained. If a mechanical failure due to poor maintenance contributed to the accident, the company may be liable through a lawsuit.
• Violation of Hours-of-Service Regulations: Truck drivers must adhere to federal regulations limiting the hours they can drive without rest. A trucking company may be liable if it pressures or requires drivers to violate these rules.

Independent Contractors vs. Employees

Trucking companies may argue that the driver is an independent contractor instead of an employee to avoid liability. However, South Dakota courts can still hold the company responsible if it exercises significant control over drivers' actions, such as assigning routes and setting work schedules.

Determining whether a driver is an independent contractor or an employee typically involves reviewing the terms of their employment and the degree of oversight the company has over their work.

Other Liable Parties

In addition to the trucking company and driver, other parties may be liable for the accident, such as:

Truck Manufacturers: If a mechanical failure caused by a defect contributed to the accident, the truck’s manufacturer could be liable.

Cargo Loaders: If improperly loaded cargo caused the accident, the company responsible for loading the truck could also be liable.