South Dakota Motor Vehicle & Car Accident Lawyers
Trusted Advocates for Crash Victims in Rapid City & Statewide
At Clayborne, Loos, Sabers & Smith LLP (CLS Lawyers), we understand that a motor vehicle accident can change your life in an instant. From rising medical bills to emotional trauma and financial stress, the aftermath can feel overwhelming. Our mission is to provide compassionate legal guidance and aggressive representation so you can focus on healing while we fight for your rights.
Our team has 60+ years of combined experience handling complex accident cases across South Dakota. We’ve been recognized on the Great Plains Super Lawyers list and honored as a Best Law Firm by U.S. News & World Report, giving you confidence that your case is in capable hands.
Why Choose CLS Lawyers?
Many firms advertise quick results, but at CLS, we prepare every case as if it will go to trial. Insurance companies know this—and it gives our clients leverage.
- Proven Results: Hundreds of successful outcomes across car, truck, and motorcycle cases.
- Personalized Strategy: We tailor each case plan to your medical, financial, and family needs.
- Respected Authority: Regularly cited in regional legal publications and trusted across South Dakota.
- Compassionate Support: From your first consultation to final settlement, we guide you step by step.
When your future is at stake, you deserve a team that combines courtroom strength with genuine care.
When to Call a Lawyer
You should speak to a motor vehicle accident attorney as soon as possible if:
- The crash caused serious injury or wrongful death.
- The insurance company denies or delays your claim.
- Liability is disputed or multiple vehicles/parties are involved.
- The at-fault driver was uninsured, underinsured, or impaired.
- Fault may extend to manufacturers, employers, or government entities (e.g., defective car parts or unsafe road conditions).
Why early help matters: Insurers often ask for recorded statements within days of a crash. Without representation, you may say something that weakens your claim. We ensure your rights are protected from the very beginning.
Common Accident Types
Motor vehicle accidents in South Dakota take many forms:
- Rear-End Collisions: Often caused by distracted driving. Even “minor” impacts can lead to whiplash or lasting back pain.
- T-Bone/Side Impact Crashes: Common at intersections with disputed right-of-way. These crashes often result in serious injuries to passengers.
- Head-On Collisions: Among the most dangerous, especially on rural highways. Fatality risk is high.
- Multi-Vehicle Pile-Ups: Frequently occur in icy or foggy conditions, leading to complicated fault disputes.
- Single-Vehicle Accidents: May involve mechanical failure, tire blowouts, or hazardous road design. Liability can sometimes extend beyond the driver.
Common Injuries We Handle
- Whiplash & Soft Tissue Damage: Pain that may not appear until days later.
- Fractures & Broken Bones: Leading to surgery or long recovery times.
- Spinal Cord & Back Injuries: Can result in partial or permanent disability.
- Traumatic Brain Injuries (TBIs): Long-term medical care and cognitive impacts.
- Psychological Trauma: Anxiety, depression, and PTSD are common but often overlooked.
These injuries affect not only health but also earning capacity and quality of life—which we fight to reflect in your compensation.
Car Accident Infographic
South Dakota Accident Statistics
- Nationwide, there are 6+ million car accidents annually, with over 3 million injuries.
- According to the South Dakota Department of Public Safety, rural crashes are especially deadly: in 2022, 65% of traffic fatalities occurred on rural roads.
- Alcohol-involved crashes remain a leading cause of serious injury in the state.
By grounding your case in both national and local data, we strengthen arguments for maximum compensation.
What to Do After an Accident
- Ensure Safety: Move to a safe location and call 911.
- Contact Law Enforcement: Police reports are critical for legal claims.
- Exchange Information: Names, insurance details, license plates.
- Document the Scene: Photos of vehicles, road signs, skid marks, and injuries.
- Collect Witness Details: Independent accounts support your case.
- Seek Medical Attention: Even minor symptoms can mask serious issues.
- Report the Accident: Notify your insurance company, but avoid detailed statements until you speak with a lawyer.
- Contact CLS Lawyers: We guide you through every next step.
Compensation & Fault in South Dakota
Types of Compensation
- Medical Costs: Current and future treatments, therapy, and rehabilitation.
- Lost Wages: Income lost during recovery and future earning capacity.
- Property Damage: Repairs or replacement of your vehicle.
- Pain & Suffering: Emotional distress, trauma, diminished enjoyment of life.
- Wrongful Death Claims: Funeral costs, lost income, and companionship.
- Punitive Damages: In rare cases involving extreme negligence.
Comparative Negligence in South Dakota
South Dakota follows a modified comparative negligence rule:
- If you are less than 50% at fault, your compensation is reduced by your share of fault.
- If you are 50% or more at fault, you cannot recover damages.
Example: If you are 20% responsible and the award is $100,000, you would receive $80,000.
Special Considerations
- Government Liability: Claims against cities/counties may require ante-litem notices within 6–12 months, shorter than standard deadlines.
- Employer Responsibility: If the driver was working at the time, their employer may share liability.
- Defective Vehicle Parts: Faulty brakes or airbags may create claims against manufacturers.
These cases demand quick action, as deadlines and defenses differ from standard accidents.
Schedule Your Free Consultation Today
At Loos, Sabers & Smith LLP, our South Dakota car accident lawyers have recovered millions in verdicts and settlements for injured clients. Recognized on the Great Plains Super Lawyers List for five consecutive years and honored as a Best Law Firm, we bring both courtroom strength and compassionate guidance to every case.
Call 605-453-4400 now or request your free case evaluation online. You pay nothing unless we win.
The Law Offices of Loos, Sabers & Smith LLP – South Dakota Car Accident Law Firm
2834 Jackson Blvd Suite 201
Rapid City, SD 57702
South Dakota Car & Motor Vehicle Accident FAQs
What should I do immediately after a car accident?
First, ensure safety and call 911 if there are any injuries. Move vehicles to a safe spot if possible. Take photos of the scene, damage, road conditions, and visible injuries. Exchange insurance and contact details with the other driver(s). Avoid admitting fault—it will be determined later. Collect witness information, as third-party statements are powerful in claims. Finally, seek medical care right away, even if injuries seem minor. Some conditions, like concussions or whiplash, don’t show symptoms until days later.
How do I deal with insurance companies after a car accident?
Report the accident promptly, but keep communications brief. Insurance adjusters work for the company, not for you. They may push for recorded statements or quick settlements that undervalue your claim. Always review what you say, and never agree to a settlement before speaking with a lawyer. Our attorneys negotiate directly with insurers, using evidence like medical records, police reports, and expert testimony to maximize your recovery.
What if the at-fault driver doesn’t have insurance?
If the at-fault driver is uninsured or underinsured, your UM/UIM coverage may apply. This can help cover medical bills, lost income, and vehicle damage. However, insurers often minimize UM claims just like third-party claims. Having an attorney ensures your rights are protected and that your own insurer doesn’t take advantage of you.
Can my insurance rates go up if I wasn’t at fault?
Unfortunately, yes. Even if you were not at fault, insurance companies may increase rates based on overall risk factors. If this happens, we can help you challenge unfair premium hikes or explore options for switching policies while your case is pending.
What should I do if the insurance company denies my claim?
Don’t assume a denial is final. First, request a written explanation for the denial and compare it to your policy coverage. Gather evidence (medical records, crash reports, witness statements) that supports your case. Our team has successfully overturned denials through appeals and, when necessary, litigation. The sooner you involve an attorney after a denial, the stronger your chances of recovering compensation.
What damages can I recover after a South Dakota car accident?
Victims may be entitled to:
- Medical expenses (past and future)
- Lost wages & loss of earning capacity
- Vehicle repair or replacement
- Pain, suffering, and emotional distress
- Wrongful death damages in fatal cases
- Punitive damages (in rare cases of reckless behavior)
How does South Dakota’s comparative negligence law work?
South Dakota uses a modified comparative negligence rule. If you are less than 50% at fault, your award is reduced by your share of responsibility. If you are 50% or more at fault, you cannot recover damages. Example: If you’re found 20% at fault in a $100,000 case, your recovery would be $80,000.
What is the statute of limitations for car accident claims in South Dakota?
In most cases, you have three years from the accident date to file a personal injury lawsuit. Property damage claims may have different timelines. Claims against government entities can require ante-litem notices within 6–12 months, so it’s critical to consult a lawyer quickly to avoid losing your right to compensation.
What if I wasn’t wearing a seatbelt at the time of the crash?
You can still bring a claim. However, the defense may argue that not wearing a seatbelt contributed to your injuries. This may reduce compensation under comparative negligence. Our attorneys counter these arguments by focusing on the other driver’s fault as the primary cause.
How long does it take to settle a car accident claim?
Every case is different. Simple claims may resolve in a few months, while cases involving serious injuries, disputed liability, or trial preparation can take a year or more. We balance speed with maximizing value, and we keep you updated throughout the process.
Do I need a lawyer if the accident seems minor?
Even low-speed crashes can cause lasting injuries like whiplash or concussions. Insurance companies often downplay these cases. A lawyer ensures you’re not pressured into an inadequate settlement and that all future medical needs are accounted for.
Why should I choose CLS Lawyers for my accident case?
Our firm has:
- Decades of combined trial experience in South Dakota courts.
- Recognized excellence: Great Plains Super Lawyers, U.S. News “Best Law Firms.”
- Millions recovered in verdicts and settlements.
- Personal attention: You’ll work directly with attorneys, not just paralegals.
We don’t just file claims—we fight for results that truly make a difference for you and your family.
Ready to Take the Next Step?
Don’t wait — deadlines in South Dakota accident cases are strict, and evidence fades quickly. Our award-winning team is here to fight for your recovery.
Call 605-453-4400 today or click below to start your free consultation.
No fees unless we win for you.
