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Car Accident Lawyer South Dakota

Car Accident Lawyer South Dakota

Car Accident Lawyer South Dakota

When you get in your car you most likely aren’t thinking that you are going to need a car accident lawyer in South Dakota. No one gets in a car and thinks that it will be the one time they get into a car accident. However, if the worst was to happen, you could be facing some serious injuries that can turn your life upside down. 

When that happens you can turn to one of our trusted lawyers at The Law Offices of Clayborn, Loos, and Sabers for help. Our experienced lawyers know what it takes to help you get the compensation you deserve and help you get back on your feet after a tragedy. 

5 Common Car Accident Injuries 

Car accidents can cause serious injuries to any part of the body. We’ve put together a list of the most common car accident injures that people can suffer from, ranging from mild to severe. 

  • Traumatic Brain Injuries (TBI) 

Car accidents are the leading cause of TBI, which is when the brain is damaged by a blow to the head suddenly or a piercing injury to the head. Every year about 50,000 people die from a TBI and another 80,000 to 90,000 suffer long-term disabilities. Motorcycle riders are at higher risk of a TBI due to the lack of protection but passenger cars can be just as dangerous. 

  • Spinal Cord Injuries 

The impact of a crash can cause torque on the body. This can easily lead to the spine being injured and thus the nerves being injured. Often an injury like this will cause some form of paralysis below the level of injury. This leads to a life of disability and expensive medical costs. 

  • Burns 

If your vehicle catches fire after the crash or if your skin comes into contact with hot fluids, surfaces, or steam then you can suffer a burn. Serious burns require surgery and skin grafting to best heal you. Often these can even lead to a form of disability depending on where the burn happened. 

  • Fractured/Broken Bones 

Broken legs, ribs, arms, ankles, and wrists are common in a car accident. The severity ranges from simple breaks that require a cast to break or compound fractures that need surgery to fix. Even the smallest broken bone can have you unable to do your job effectively making it hard to earn money. 

  • Lacerations and Bruises 

It isn’t a shock that many people that have suffered from a car accident suffer lacerations. There is often broken glass, torn sheet metal, or even flying objects that can cause lacerations to your body. Bruises are also common as the impact against the seatbelt, or even other objects with force can cause them. 

Seven Things Not To Do After a Car Accident

Don’t Leave the Scene

No matter how minor the accident is, don’t ever leave the scene without talking to police. First, it’s illegal to leave the scene of a car accident. Second, your Clayborne, Loos, & Sabers LLP car accident lawyer in South Dakota, is going to need a copy of the police report to help you pursue a claim against the other driver. 

Don’t Forget To Call 911

Ask for the police and an ambulance. The police will take statements from you, the other driver, and any witnesses, take photos and sketch the scene. Paramedics can check you over and see if they need to take you to the emergency room or whether it’s safe for you to see your regular doctor.

Don’t Admit Fault

Don’t say, “I’m sorry,” because it can be construed as admitting fault. The only thing you want to say to the other driver is, “Are you okay? Do you need help?” Your car accident lawyer in South Dakota, might advise you to avail yourself of your right to remain silent.

Don’t Try To Engage With the Other Driver

Beyond asking if the other driver is injured or needs help, leave the other driver alone. Don’t try to strike up a conversation. Don’t hurl accusations. Don’t talk to the other driver at all. You don’t know what kind of person she is, or what she’s going through on top of the car crash. You don’t know how sober she is or what she might be under the influence of. 

Don’t Give a Recorded Statement 

The insurance companies involved may want you to give a recorded statement. The sole purpose is to try and trip you up and trick you into saying something that may incriminate you or indicate that you’re not as injured as you’re claiming to be. If someone from the insurance company calls, refer them to your Clayborne, Loos, & Sabers LLP car accident lawyer in South Dakota.  

Don’t Say Too Much 

Don’t talk about your accident on social media. Don’t talk about your accident on your blog. Don’t talk about your accident to your email list. Don’t talk about your accident to your friends or family. You can talk about your accident to one person: your car accident lawyer in South Dakota.

Don’t Neglect the Aftermath

In the aftermath of a car accident, you’ll have mountains of paperwork coming your way. You may have doctor’s appointments on top of doctor’s appointments. You may not be able to return to work right away. All that can take a toll on your physical and psychological health. Your attorney can manage the paperwork portion, so you can concentrate on recovering from your accident.

What kind of evidence should I gather for my car accident claim? 

When it comes to gathering evidence for your car accident claim, you want to ensure you are getting everything you need in order to recover compensation for the injuries you are suffering from. While it may seem obvious to you that the other party was responsible for the accident that caused your injuries, your lawyer will still be working hard to gather evidence to support your claim so that you can get as much compensation as you need for things like pain and suffering, medical expenses, and lost wages. If you would like help gathering evidence or would like to learn more about the process, reach out to our South Dakota car accident lawyer today. 

Where does the burden of proof lie? 

Remember, if you are filing the claim against the other party’s insurance, the burden of proof will be on you. The insurance company involved will do whatever is necessary to give you no offer or to give you the lowest settlement possible. After all, without evidence, it is your word against their word. In addition to proving that the other party caused the accident to occur, you will need to prove that you sustained injuries and that the injuries were a direct result of the accident. 

What evidence will be helpful? 

When you are looking for evidence that will be helpful for your claim, you can gather: 

  • Medical Bills. When you need to go to the hospital right away or seek help from a doctor, having your medical records, as well as medical bills, can be incredibly helpful. Not only can this show your diagnosis but it can give accurate dates and times of injuries. 
  • Photographs. If you can, take photographs of the scene of the accident immediately after it occurred. This can help to show damage, time of day, weather conditions, and where everything was located. Do not forget to take photographs of your injuries.
  • Police Reports. If a police officer was at the scene and wrote up a police report, this can help to shed light on more details of the accident and can provide information from everyone involved in the accident.
  • Car Repair Receipts. Similar to a doctor’s visit, taking your car to an autobody repair shop can help to show the kind of damage sustained and can help give an accurate picture of how the damage was sustained. It can also give you an accurate dollar amount for the damage done. 

If you or a loved one have been in a car accident don’t hesitate to reach out to a car accident lawyer in South Dakota to help you get the compensation you deserve. Being in a car accident can be traumatizing and it can truly set you back financially. One of our expert South Dakota car accident lawyers at The Law Offices of Clayborn, Loos, and Sabers is ready to listen to your case and see what they can do for you.

Uninsured Drivers Across America

If you’ve been in an accident, you might think you know all the steps you should follow – but if there’s any complications, you should contact a car accident lawyer in South Dakota as soon as possible.

One of the more common complications in a car accident is also one of the most frustrating. You’re a responsible driver, and you make sure you’re doing everything right when you get behind the wheel. In fact, you make sure you’re doing everything right even when you aren’t behind the wheel. You have insurance.

Unfortunately, the same can’t be said for everyone else on the road. In fact, 13% of all drivers are uninsured. Even though it’s legally required in all but two cases, irresponsible drivers are still hitting the road with either uninsured vehicles or lapsed insurance policies. It’s not a pleasant thought – especially if one of these uninsured drivers crashes into your vehicle.

What Should I Do if the Other Driver is Uninsured?

Getting in a car accident is never a pleasant experience, and when you find out the other party is uninsured (or underinsured) it warrants a bit of extra caution when you’re trying to document the accident. If you’re reading this, it might be too late – but don’t worry: A car accident lawyer in South Dakota can help you find the next steps and determine how you can get the compensation you deserve after your accident.

If you went through the ordinary car accident motions, that’s a definite step in the right direction. Did you take pictures of the accident? Did you photograph the other driver’s vehicle, including their license plate number? If you got the other driver’s contact information, you might not be able to trust the phone number they gave you. After all, they’re committing a crime by driving without insurance – how can you be sure they aren’t going to commit another crime by fleeing the scene of an accident without leaving any information?

In the event of an accident with an uninsured driver, you should definitely call the police. If the police showed up (which they should have) make sure you get the officer’s badge numbers, department names, the report number and any other relevant information that law enforcement can provide. If you didn’t get the information from the officers at the scene of the accident, you and your lawyer might be able to request the information from their department.

It can be incredibly stressful being involved in any kind of car accident, but if you were involved in a collision with an uninsured driver, it just makes things even worse. You might have car insurance that will cover the damages, but you should contact a lawyer to make sure you get the compensation you deserve in a timely fashion.

Why Should I Contact a Lawyer if I Experienced a Rollover?

Any type of car accident is serious, and no matter how minor or severe, you should always get in touch with a qualified car accident lawyer in South Dakota. The right attorney can help you investigate your case and determine if any other parties can (and should) be held accountable for your injuries – just the sort of legal help you’ll need if you’ve been involved in a rollover.

Taking legal action might seem intimidating at first, but when you compare it to the challenges of paying for your medical bills out of pocket, it’s worth the added effort. And if your injuries were due to a manufacturer’s defect, you can get more than financial damages: You can get justice. Read on to learn more about rollovers, and how they may affect your car accident case.

Rollovers are Extremely Dangerous

When you experience a car accident, there’s a very slight chance of experiencing a rollover. They shouldn’t happen, and if they do, it likely indicates something else about your accident: The other driver could have been driving recklessly fast, the road could have been improperly planned, or the vehicle manufacturer didn’t properly design your car.

If you can trace your rollover to another driver’s actions, you might be able to file a lawsuit against them. The same rules apply if the road was improperly banked, or if your vehicle was susceptible to rolling over. There are other parties responsible for your injuries, and you should pursue damages. There are many factors that contribute to a rollover, and it’s up to you and your car accident lawyer in South Dakota to investigate the accident.

There’s no telling what kind of injuries can come from your car accident. You might end up with burns, broken bones, brain damage, or any unfortunate combination of the above. Every car accident is different, and every medical case is different. It’s wise to plan ahead for the worst case scenario by having a legal advisor on your side who can help you get the money you need for whatever kind of recovery you’re facing. Fortunately, a qualified lawyer from Clayborne, Loos & Sabers LLP can help.

Contact Clayborne, Loos & Sabers LLP Today

When you reach out to a car accident attorney, you get more than just a shot at justice and compensation. You get a valuable legal resource who can walk you through the entire process of filing a lawsuit, and you get experience, personalized case management, and a valuable ally in your struggle against hesitant or stingy insurance companies.

You shouldn’t have to pay your medical bills out of pocket if your accident was due to another party’s negligence, whether they were the other driver, the vehicle manufacturer, or the city itself for poor planning. It’s important to get in touch with a qualified car accident lawyer who cares, and it’s important to know that your attorney is as committed to your case as you are.

At Clayborne, Loos & Sabers LLP, we’re ready to fight for you. Get in touch with us today, and see how one of our experienced car accident lawyers in South Dakota can help.

4 Myths About Car Accidents in South Dakota

Car accidents can be traumatic, even life-altering events. What you do or don’t do after your accident could potentially have a huge impact on the rest of your life. If you are injured in a car accident, you should consult a car accident lawyer in South Dakota such as Clayborne, Loos, & Sabers LLP about pursuing a personal injury lawsuit. Here are four myths about car accidents in South Dakota.

Myth: You Don’t Have To Pull Over, Exchange Information or File a Police Report if the Accident Was Minor

Fact: After any car accident, no matter how small, you should pull over, exchange insurance information, and file a police report. If you leave the scene after even the most minor accident, you could be charged with a misdemeanor or even a felony. If the other driver flees the scene of an accident, you should stay and call the police to report your accident.

You want the other driver’s information and a police report to help Clayborne, Loos, & Sabers LLP pursue a personal injury lawsuit against the other party. A personal injury lawsuit can help cover any medical costs or car repairs you may incur after the accident.

Myth: Minor Accidents Don’t Cause Injuries

Fact: Any car accident can cause injuries. Whiplash and aback injuries are the most common injuries from car accidents, and they can occur even at low speeds. If you feel any kind of pain after a car accident, follow up with a physician as soon as possible. 

Myth: You Can’t File a Claim if You Were Partially at Fault

Fact: A car accident lawyer in South Dakota can explain to you that South Dakota is a “comparative negligence” state. This means that even if you were partially at fault for the accident, you could be entitled to file a claim and receive damages. The damages awarded may be reduced, depending on how much of the fault was yours. 

Myth: the Settlement Your Insurance Company Offers is the Maximum You Can Get

Fact: Your insurance company does not have your best interests at heart. They are in the business of paying as little as possible in any car accident, to maintain high profits for their stakeholders. A car accident lawyer in South Dakota such as one from Clayborne, Loos, & Sabers LLP can help you get the maximum amount of damages after your accident, often quite a bit more than what your insurance company offered.

The Importance of Your Car Accident Report and How To Obtain a Copy

The police are expected to write reports on vehicle wrecks. While they may not make one in the event of a fender bender, they’re common when someone gets hurt or significant property damage results. These documents are vital when litigating an accident. Be smart and bring one with you when meeting a car accident lawyer in South Dakota.

Why You Need a Police Report

Having documentation is vital when going to trial. Juries tend to put their faith in the words of law enforcement officials over anyone else, making police reports highly influential. Diligent officers take time to examine the scene of the accident. They inspect car damage and take photographs of the crash site before debris gets cleared away. Witnesses are questioned, with their answers becoming part of the official narrative. 

All this information gets incorporated into the report. Room is also allowed for details concerning road conditions and whether citations were issued. Personal observations from the responding officer will also be on the record. Keep in mind that insurance companies have their version of what happened.

You should review this document with your legal representative ahead of going into court. Doing this prevents surprises during a trial. It also allows attorneys to craft an argument refuting inaccuracies, misunderstandings, and fabrications. The car accident lawyers at Clayborne, Loos, & Sabers LLP are adept at analyzing police reports and wielding what’s in them to their client’s advantage.

How You Get a Police Report

Obtaining a copy of the police report may be as simple as walking into your local precinct and requesting it. Another possible option is calling and having it sent by mail. Not everywhere offers online requests, but they’re easiest as they can be completed at any time, anywhere. In some instances, you may need to pay a processing fee.

You might have to wait before the department responsible for creating the report allows you to see it. Other requirements sometimes apply. Speak with the legal eagles at Clayborne, Loos, & Sabers LLP about what must happen. A mistake could seriously delay getting what you seek.

In rare circumstances, you may run into bureaucratic difficulty. Should this happen, your car accident lawyer in South Dakota can assist. 

Any vehicular lawsuit necessitates an examination of facts. Interested parties will scrutinize the police report with a fine-toothed comb. The more time you have to review the one relevant to your case, the better prepared you’ll be when facing a judge.

Reach out to Clayborne, Loos & Sabers LLP Today

At Clayborne, Loos & Sabers LLP, we understand how frustrating car accidents can be – and we know that any injuries you sustain in an accident can seriously interrupt your life. You can’t clock in for work if you have to be at doctor’s appointments, and you can perform everyday tasks if you’re dealing with casts, wheelchairs, and crutches.

You shouldn’t have to pay out of pocket if you’ve been hit by an uninsured driver. If your insurance company is playing phone tag with you, a lawyer can get them on the right page. And if your injuries are severe enough, you and your lawyer can go over the details of your case to find any other culprits behind your accident. By finding all the responsible parties, your lawyer can file a lawsuit so you can get the money you need to move on with your life.

Don’t let a car crash ruin your future. Get in touch with Clayborne, Loos & Sabers LLP today, and see how a South Dakota car accident lawyer can help you rebuild and move on.

Michael Sabers

Michael Sabers, Esq.


Courtney Clayborne

Courtney Clayborne, Esq.


Michael Loos
Hollie Smith
Matthew Lucklum

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