South Dakota Car Accident Compensation Laws

Auto accidents are common in South Dakota. You should learn South Dakota car accident compensation laws. For example, does South Dakota law require you to file a car crash report? If so, how?

You should understand what steps to take right after your auto accident. You may jeopardize your car accident claim if you don't follow these steps. You'll make it easier for the insurance company to deny your claim.

This article discusses what to know about South Dakota car accidents, including what you should do after an accident and how to get appropriate compensation for your injuries and losses. If you still have questions about your car accident case, contact a skilled car accident attorney near you.

What Should You Do After a Car Accident?

As mentioned above, if you don't take specific steps after your car crash, you may lose your right to demand damages. This is true whether you're the at-fault driver or not.

Here is a list of what to do right after your collision:

• Don't leave the accident scene — Even if the crash is minor, the state may charge you with hit-and-run.
• Get to safety and check for bodily injuries — If car accident victims need medical treatment, do your best to help them. If possible, provide first aid to injured persons.
• Call 911 — You should always call 911 after your car accident. The dispatcher will send an officer out to investigate the scene. They'll also arrange for an ambulance to take injured drivers and passengers. The police will do a thorough investigation and create a police report. Your personal injury lawyer will need this report to prove your case.
• Collect contact information and get their car insurance policy — Don't wait for the police to arrive to get this information from the other driver. They could take off before the police arrive, especially if they don't have insurance coverage. You'll need this information to file your insurance claim.
• Take pictures of the scene — The police will take their own pictures of the crash site. But you should take pictures and videos as well. Start recording as soon as possible after the crash. This way, you can give your personal injury attorney copies of your photos while waiting for the police to turn over their files. Plus, you may capture valuable information that the police overlook.
• Get contact information for eyewitnesses — If there are any witnesses, try to get their contact information and statement. They may not wait for law enforcement to show up. Once they leave the scene, there's no way for your car accident lawyer to track them down.
• Check with nearby businesses or homeowners for video footage — If you're lucky, a homeowner or business owner captured the crash on tape. If so, ask if you can have a copy of their security footage.
• Call your insurance adjuster — Don't wait too long to notify your auto insurance company of a possible car accident claim. They'll need the date of the accident and any details you can provide.
• Get checked out by a doctor — If you don't think you suffered any injuries, go to the emergency room. If you discover a few days or weeks later that you're hurt, there will be no way to document that they're accident-related.

It's hard to focus in the moments following your motor vehicle accident. Do your best to follow the above steps. It will go a long way toward proving your personal injury lawsuit.

South Dakota Car Accident Compensation Laws: Table

It's not easy to understand South Dakota's statutes as written. Below is a table summarizing critical sections of South Dakota's car accident compensation laws.

Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult an attorney or conduct legal research to verify your state laws.

Economic vs. Non-economic Damages

If you suffer injuries in an automobile accident, you can sue for damages. You can demand two types of damages in your car accident lawsuit: economic and non-economic. Economic damages include objective losses you incur from a physical injury or property damage. Non-economic damages are subjective costs, like emotional distress and the loss of spousal companionship.

Economic damages typically include:

• Car repairs or replacement
• Medical expenses
• Lost wages
• Lost future income
• Future medical bills

Non-economic damages can include:

• Pain and suffering
• Emotional distress
• Loss of affection or companionship

Comparative Negligence Rules in South Dakota

Like many states, South Dakota is an "at fault" state. Your personal injury law attorney must prove that the other driver caused the crash to recover damages. But, determining fault is rarely black and white. There's a good chance you were partly to blame for the accident.

South Dakota is the only state that follows the "slight-gross negligence" rule. This rule states that a plaintiff can recover damages if their negligence is slight compared with the at-fault driver's.

South Dakota also follows the modified comparative negligence standard. The court will award damages in proportion to your degree of fault. For example, you can still file a lawsuit if you were 10% to blame and the other driver was 90% at fault. But, the judge will reduce your damages by 10%. So, if you sued the defendant for $50,000, you would not recover more than $45,000.

Limits on Damages in South Dakota

In South Dakota, there is no cap on car accident damages. But, the state caps non-economic damages in medical malpractice cases at $500,000. Additionally, South Dakota treats all claims as time-sensitive. If you don't file your lawsuit before the statute of limitations expires, the court will dismiss your complaint.

The statute of limitations for personal injury claims in South Dakota is three years. It is six years for property damage claims. The clock starts on the date of the accident.

Seeking Compensation for a South Dakota Car Accident? A Lawyer Can Help

South Dakota's unique negligence standard can make it difficult to recover damages. To optimize your chances of recovery, contact an experienced South Dakota injury attorney today. Personal injury lawyers in South Dakota offer new clients a free case review. Take the time to have an attorney review your case and determine how best to proceed.