Automobile accidents frequently happen on roads across the United States, including South Dakota. When these accidents occur, they often cause personal injuries, leading to physical, emotional, and financial challenges. To handle the aftermath effectively, you need to understand South Dakota’s personal injury laws related to automobile accidents.
1. Fault-Based System
South Dakota uses a fault-based system (also known as a tort system) for automobile accidents. In this system, the driver responsible for causing the accident must pay for the resulting damages. These damages include property damage, medical expenses, lost wages, and other related costs.
If you sustain injuries in an automobile accident, you can file a claim against the at-fault driver’s insurance company or sue the responsible party directly.
2. Comparative Negligence Rule
South Dakota enforces a modified comparative negligence rule with a 51% bar. Under this rule, the court reduces your compensation by the percentage of fault assigned to you. If the court finds you 51% or more at fault, you cannot recover damages from the other party.
For example, if the court assigns you 30% of the fault for an accident and your damages total $10,000, you would receive $7,000 after the reduction. However, if you bear 51% or more of the responsibility, you lose your ability to recover compensation.
3. Statute of Limitations
South Dakota sets a three-year deadline for filing personal injury claims related to automobile accidents. This statute of limitations requires you to file your lawsuit within three years of the accident date. Filing after this deadline usually results in dismissal, preventing you from seeking compensation in court.
Acting quickly is crucial. Although three years seems like plenty of time, you need sufficient time to gather evidence, negotiate with insurers, and build your case. Contact an experienced personal injury attorney soon after the accident to ensure you meet the deadline.
4. Insurance Requirements
South Dakota law requires all drivers to carry a minimum level of auto insurance. The minimum liability coverage includes:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident (covering all people involved)
- $25,000 for property damage
Drivers must also carry uninsured/underinsured motorist coverage, which protects you if another driver lacks sufficient insurance to cover your damages.
5. Dealing with Insurance Companies
After an accident, you often need to deal with insurance companies, whether your own or the at-fault driver’s insurer. These companies aim to minimize payouts and may offer settlements lower than what you deserve.
Before accepting a settlement, consult with a personal injury attorney. An attorney can evaluate the offer, negotiate for a fair amount, and ensure you receive proper compensation for your injuries and losses.
6. Types of Damages You Can Recover
South Dakota law allows automobile accident victims to recover compensation for several types of damages, including:
- Medical expenses: Costs for immediate and ongoing medical care.
- Lost wages: Compensation for income lost due to your inability to work.
- Pain and suffering: Compensation for physical and emotional distress caused by the accident.
- Property damage: Costs to repair or replace your vehicle and other damaged property.
- Punitive damages: In extreme cases, courts may award punitive damages to punish reckless or malicious behavior and deter similar actions in the future.
7. Legal Representation
Handling a personal injury claim in South Dakota requires knowledge of the law and the ability to navigate complex legal processes. By hiring a skilled personal injury attorney, you can focus on recovering while your attorney manages the legal aspects of your case. A lawyer will negotiate with insurance companies, gather evidence, and advocate for the compensation you deserve.
Conclusion
Understanding South Dakota’s personal injury laws for automobile accidents equips you to protect your rights and recover fair compensation. By acting promptly, seeking legal guidance, and knowing the laws, you can effectively address the challenges of recovering from an accident and pursuing justice.
Visit the South Dakota Legislature’s official website and search Chapter 32-34 of the Motor Vehicle Code here. You can also read more about auto accidents, here.
