Motor Vehicle Accident Lawyer South Dakota

Why You Should Hire a Motorcycle Accident Lawyer

When you are a car, truck or motorcycle accident victim, your problems can last long after the initial accident. Whether you were riding the vehicle or were struck by one, a seasoned lawyer can help you. You might be wondering if hiring a motorcycle lawyer is worth it, but there are many benefits you can gain by getting legal help. Consider the following reasons for turning to an experienced and highly rated motor vehicle accident lawyer if you are considering filing a personal injury claim to recover your losses. 

Specialized Case Experience

Motor vehicle accident lawyers are uniquely equipped to handle their cases. To handle a motor vehicle accident successfully, it is important that a personal injury lawyer understands state and federal laws, such as those pertaining to liability, damages, and other aspects. If you have been involved in a motor vehicle accident, choose a lawyer who has recovered compensation for victims who have been in similar circumstances. 

They Can Provide Psychological Support

Apart from legal counsel, a lawyer can help you stay focused on the case. If you have been injured in a motor vehicle accident you may be concerned about your financial situation and the timeline of your recovery. This can be overwhelming to deal with. A lawyer can help you stay grounded, giving you the emotional and mental support you need to get through your ordeal. They will be there for you to give you guidance and help you remain objective and focused on each step of the case. 

Receive Personalized Legal Assistance

We believe that if you need legal assistance, you deserve to have complete attention. Other lawyers do not take the time to accurately assess your situation, and do not assess your 

They will provide you with personalized legal advice that is not just general advice that could be for any situation. Unlike other firms, our firm will put in the time it takes to properly handle your case to boost your chances of success. 

Get Excellent Case Results

Our experienced team knows how to provide results that clients deserve. We are familiar with the strategies that insurance companies use so we know how to counter them. As we know from our experience working with numerous clients, personal injury cases are incredibly challenging. You should work with a legal team who has a strong record of achieving positive case results for their clients. You will be more likely to receive the settlement that you deserve if you hire an accomplished motor vehicle accident lawyer.

The Cost of Hiring a Lawyer

The vast majority of personal injury lawyers work on a contingency fee basis. This means that you only have to pay your attorney once your case is resolved. The personal injury attorney will perform all the necessary work such as attending motion hearings, conducting discovery, and helping you answer questions during depositions. After your case settles or is resolved through trial the personal injury lawyer will take a percentage of the overall recovery amount. The amount of this percentage varies by state but it is usually a third of the overall settlement amount. 

You do not have to pay any costs or fees when you hire a personal injury lawyer. Also, you do not have to pay any fees related to ordering medical records, medical bills, and other documents. The attorney’s office will cover these costs and then deduct the total amount expended from the settlement amount at the conclusion of the case. 

Car accidents can be complex, especially when multiple parties are involved. In South Dakota, determining who is at fault is not always straightforward, particularly when a third party may be responsible. Understanding how third-party fault comes into play can help ensure that all liable parties are held accountable and that victims receive fair compensation.

Understanding Third-Party Fault in Car Accidents

A third party in a car accident refers to an individual or entity, other than the drivers directly involved, who may have contributed to the accident. In South Dakota, third-party liability can arise in various situations, including those involving defective vehicle parts, dangerous road conditions, or negligence by another party not directly driving a vehicle at the time of the accident.

Vehicle Manufacturer Liability

One common scenario involving third-party fault is when a vehicle defect contributes to an accident. For example, if a car’s brakes fail due to a manufacturing defect, causing the driver to lose control and crash, the vehicle manufacturer could be held liable for the accident. Defective airbags, steering systems, or other critical components may also lead to manufacturer liability.

In such cases, the injured party may file a product liability claim against the manufacturer, distributor, or even the retailer of the defective vehicle or part. To prove liability, the injured party must demonstrate that the defect existed at the time the vehicle left the manufacturer and that the defect directly led to the accident and subsequent injuries.

Employer Liability

Another instance of third-party fault occurs when an employee causes an accident while performing duties for their employer. Under the principle of “vicarious liability,” an employer can be held responsible for the actions of their employees when those actions occur within the scope of employment. For example, if a delivery driver causes an accident while making deliveries, the injured party may be able to pursue a claim against the driver’s employer.

Holding the employer accountable is important because it may allow the injured party to recover greater compensation. Employers typically have more substantial insurance coverage than individual drivers, which can be crucial for covering the costs of medical bills, lost wages, and other damages resulting from the accident.

Liability for Dangerous Road Conditions

In some cases, poor road conditions may be a significant factor in a car accident. If a road is improperly maintained, has inadequate signage, or is otherwise hazardous, a government entity or contractor responsible for maintaining the road may be held liable. Examples include large potholes, missing guardrails, or improperly marked construction zones.

Filing a claim against a government entity can be more challenging than pursuing a claim against a private individual or company due to certain legal protections and notice requirements. In South Dakota, there are strict procedures and time limits for filing claims against government entities, making it essential to act quickly and consult with a knowledgeable attorney.

Comparative Fault in South Dakota

It’s important to understand that South Dakota follows a “comparative negligence” rule, which means that fault for an accident can be shared among multiple parties. If you are found partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but are found to be 20% at fault, you would receive $80,000.

In cases involving third-party fault, multiple parties may share responsibility, and determining each party’s percentage of fault can be complex. An experienced car accident attorney can help navigate these complexities, gather evidence, and build a strong case to ensure that all liable parties are held accountable.

South Dakota Motor Vehicle Accident FAQs

What Should I Do Immediately After A Car Accident?

As a motor vehicle accident lawyer can tell you, the first priority is to ensure everyone’s safety. If anyone is injured, call 911 immediately. It’s also important to document the scene by taking photos of the damage, the location of the vehicles, and any visible injuries. Exchange contact and insurance information with the other driver(s) involved. Avoid discussing fault at the scene, as that will be determined later. If possible, gather witness statements and contact information, as they can be helpful later in the insurance claim process. Be sure to preserve these documents because they are important to use when negotiating with the insurance company.

How Do I Deal With Insurance Companies After A Car Accident?

Dealing with insurance companies can be challenging, especially if there is a dispute over fault or the amount of coverage. Once you report the accident to your insurance company, they will typically assign an adjuster to investigate your claim. While interacting with adjusters can be intimidating, you must remain honest when you communicate with them. They may seek information that can minimize their liability, so be sure to provide the necessary details without oversharing. If you’re unsure how to proceed, a consultation with a motor vehicle accident lawyer can help ensure your rights are protected and that the insurance company doesn’t take advantage of you. It’s crucial to remember that adjusters work for the insurance company, not for you, so having legal support can level the playing field.

What If The At-fault Driver Doesn’t Have Insurance?

Unfortunately, not all drivers carry insurance, despite legal requirements. If the at-fault driver in your accident is uninsured, you may still be able to recover compensation through your own insurance policy, provided you have uninsured motorist (UM) coverage. UM coverage can help with medical expenses, vehicle repairs, and other damages. It’s important to notify your insurer as soon as possible and understand your policy’s limits. Sometimes, insurance companies might try to minimize or deny your UM claim, so consulting with an experienced attorney can help clarify your options and guide you through the process. With help from our legal team, you can be assured that you can get the legal assistance you need as you go through each step.

Can My Insurance Rates Go Up If I Wasn’t At Fault?

It’s frustrating, but sometimes insurance premiums may increase after an accident, even if you weren’t at fault. Insurance companies evaluate your risk level based on claims history, and an accident might still cause them to adjust your rates. If you feel that your insurance company is unfairly increasing your rates or mishandling your claim, a lawyer can help you dispute these actions. Remember, insurance companies are businesses and may act in their best interest, which is why legal guidance can make a difference in protecting your rights. In these cases, having a lawyer on your side can ensure that your interests are prioritized, not just the insurer’s.

What Should I Do If The Insurance Company Denies My Claim?

If your insurance claim is denied, it can be a stressful situation. However, it’s not the end of the road. There are steps you can take to appeal the decision or negotiate with the insurance company. First, ask for a clear explanation of why your claim was denied. Review your policy to understand your coverage and whether the denial was justified. If you believe the denial is in error, gather any additional evidence, such as medical records or accident reports, that support your claim. At The Law Offices of Clayborne, Loos & Sabers LLP, our legal team has successfully helped clients overturn denied claims by taking a strategic approach to negotiations and legal action. Don’t assume a denial is final—there are often ways to challenge it and get the compensation you deserve.

The Law Offices of Clayborne, Loos & Sabers LLP, South Dakota Motor Vehicle Accident Lawyer

2834 Jackson Blvd Suite 201, Rapid City, SD 57702

Contact Our South Dakota Motor Vehicle Accident Lawyer Today

If you are searching for a personal injury lawyer you do not need to look any further. To learn more about our legal team contact Clayborne, Loos, and Sabers LLP today to schedule a free consultation during which we can discuss the facts of your case. Also, call the office at 605-453-4400 to learn more about the legal services we offer.