Car Accident Lawyer Sioux Falls, SD

A Sioux Falls car accident lawyer from The Law Offices of Clayborne, Loos & Sabers LLP can help should you or your family get involved in an automobile accident. While the modern-day vehicle is much safer than its predecessors, accidents still occur. Even with the many safety features available today, they can’t fully prevent human error or issues like extreme weather or poor road conditions. An attorney from our law office can determine if you qualify for compensation following an accident.  At The Law Offices of Clayborne, Loos & Sabers LLP, our experienced team of attorneys is dedicated to providing exceptional legal representation in motor vehicle accident injury and wrongful death litigation matters. We understand the profound impact these incidents can have on individuals and their families, and we strive to achieve the best possible outcomes for our clients. With a deep understanding of personal injury law and extensive experience in handling motor vehicle accident cases, our attorneys are well-equipped to navigate the complexities of these claims. We handle a wide range of cases, including:

1. Car Accidents: Our attorneys are skilled in representing individuals injured in car accidents caused by negligent drivers. We work diligently to establish liability, gather evidence, negotiate with insurance companies, and, if necessary, pursue litigation to ensure our clients receive fair compensation for their injuries.
2. Truck Accidents: When accidents involve large commercial trucks, the consequences can be catastrophic. Our attorneys have a comprehensive understanding of the unique factors involved in truck accident cases, including federal regulations, industry standards, and the multiple parties that may be held liable. We work tirelessly to hold negligent truck drivers, trucking companies, and other responsible parties accountable for the damages caused.
3. Motorcycle Accidents: Motorcyclists are particularly vulnerable on the road, often sustaining severe injuries in accidents. Our attorneys recognize the specific challenges faced by motorcycle accident victims and fight for their rights to secure compensation for medical expenses, lost wages, pain and suffering, and more.
4. Bicycle and Pedestrian Accidents: We advocate for the rights of bicyclists and pedestrians who have been injured due to the negligence of motorists. Our attorneys diligently investigate these cases, gather evidence, and work towards securing the compensation our clients deserve for their injuries and losses.
5. Public Transportation Accidents: Accidents involving buses, trains, or other forms of public transportation can have devastating consequences. Our attorneys have the expertise to handle claims against government entities, transit authorities, or private companies, ensuring that victims receive the compensation they are entitled to.
6. Wrongful Death Claims: In cases where motor vehicle accidents result in the tragic loss of a loved one, we offer compassionate and comprehensive legal representation to surviving family members. We pursue wrongful death claims to seek justice and secure financial support for the dependents left behind.

At The Law Offices of Clayborne, Loos & Sabers LLP, our priority is to provide personalized attention and support to our clients throughout the legal process. We believe in open communication, and our attorneys are committed to explaining the legal complexities, addressing concerns, and guiding clients towards informed decisions. If you or a loved one has been injured or lost their life in a motor vehicle accident, we encourage you to contact our firm for a consultation. Our skilled attorneys are ready to fight for your rights and pursue the compensation you deserve.

What You Should Do After a Car Accident

After a car accident, it is essential to take immediate steps to protect your well-being and your legal rights. At The Law Offices of Clayborne, Loos & Sabers LLP in Sioux Falls, South Dakota, we understand the importance of acting swiftly and thoughtfully following an accident. Here are some crucial steps to take: Ensure Safety: The safety of all parties involved should be your top priority. If possible, move your vehicle to a safe location away from traffic. Turn on hazard lights and set up warning triangles or flares, especially if visibility is low. Call Emergency Services: Dial 911 to report the accident and request medical assistance if anyone is injured. Promptly inform the authorities about the location and details of the accident. Exchange Information: Exchange contact, insurance, and vehicle information with the other drivers involved. Gather names, phone numbers, addresses, license plate numbers, driver’s license details, and insurance policy information. If there are witnesses, obtain their contact information as well. Document the Scene: If it is safe to do so, take photographs or videos of the accident scene, vehicle damage, skid marks, and any other relevant evidence. This visual documentation can be valuable when filing an insurance claim or pursuing legal action. Report the Accident: Notify your insurance company about the accident as soon as possible. Provide them with accurate details and avoid speculating or admitting fault. Remember, it is advisable to consult with an attorney before providing a recorded statement to any insurance company. Seek Medical Attention: Even if you don’t believe you are seriously injured, it is crucial to seek medical attention promptly. Some injuries may have delayed symptoms, and a medical evaluation can help detect and document any injuries sustained in the accident. Preserve Evidence: Preserve any evidence related to the accident, such as medical records, repair estimates, receipts for vehicle repairs, and any other relevant documents. These records will be important for insurance claims and potential legal proceedings. Consult an Attorney: It is in your best interest to consult with an experienced car accident attorney, particularly if you have sustained injuries or significant property damage. An attorney can help protect your rights, guide you through the legal process, and maximize your potential compensation. Remember, each car accident case is unique, and the specific steps may vary based on the circumstances. At The Law Offices of Clayborne, Loos & Sabers LLP, our knowledgeable attorneys are ready to provide personalized guidance and aggressive representation for car accident victims in Sioux Falls and throughout South Dakota. Contact our firm for a consultation to discuss your case and explore your legal options.

Sioux Falls Car Accident Law Infographic

How Our Legal Team Can Fight For You

At the Law Offices of Clayborne, Loos & Sabers LLP, it’s our goal to help victims and their families receive the necessary compensation following a car accident. There are a few ways that a Sioux Falls car accident lawyer can help: 

• Gathering evidence: Gathering evidence is necessary in building your case. Evidence can include pictures of the scene, police reports, testimonies, and medical reports. While it’s possible to gather this type of evidence on your own, attorneys can also help gather additional evidence, like CCTV footage or expert testimony from car accident reconstructionists. 

• Handling tedious paperwork: Filling out and filing the necessary paperwork can be frustrating and confusing, especially if there’s a lot of legal jargon. 

• Negotiating with the insurance companies: You should never speak with a claims adjuster yourself as they often try to force you to accept a low settlement offer or make you unknowingly admit fault. An attorney can handle negotiations and ensure you receive a settlement that matches your current and future needs. 

Expenses Your Settlement Can Cover

Compensation following a car accident is broken down into two main categories: economic damages and non-economic damages. Economic damages often carry a specific dollar amount and cover expenses, including:

• Medical costs
• Out-of-pocket expenses
• Property damage
• Lost wages, job rehabilitation, or disability benefits
• Wrongful death

Non-economic damages are more subjective and covers factors like pain and suffering, emotional distress, blow to one’s reputation, and more. Your case can also potentially qualify for puntivie damages, which are used to further punish the other party. While rare, punitive damages might be rewarded if the other party exhibited extreme negligence, like engaging in drunk driving. 

Sioux Falls Car Accident Law FAQs

How long do I have to file a car accident claim in Sioux Falls, South Dakota?

In Sioux Falls, South Dakota, the statute of limitations for filing a car accident claim is generally three years from the date of the accident. However, it’s essential to consult with a car accident lawyer promptly to understand the specific deadlines that may apply to your case, as certain circumstances can affect the time limit.

How can a car accident lawyer help me with my claim?

A car accident lawyer can provide invaluable assistance throughout your claim process. They can:

• Evaluate your case: Assess the strengths and weaknesses of your claim and determine the potential value of your damages.
• Handle insurance matters: Communicate and negotiate with insurance companies on your behalf to pursue fair compensation.
• Gather evidence: Conduct a thorough investigation, collect evidence, and interview witnesses to support your claim.
• Advocate for your rights: Protect your legal rights and interests, ensuring that you are not taken advantage of by insurance companies or other parties involved.
• Pursue legal action: If necessary, file a lawsuit and represent you in court, presenting a strong case to seek maximum compensation for your injuries and losses.

What damages can I recover in a car accident case?

In a car accident case, you may be eligible to recover various types of damages, including:

• Medical expenses: Compensation for past and future medical bills, including hospital stays, surgeries, medication, therapy, and rehabilitation.
• Lost wages: Reimbursement for the income you have lost due to your injuries, including future earning capacity if applicable.
• Property damage: Compensation for the repair or replacement of your damaged vehicle or other property.
• Pain and suffering: Non-economic damages for physical pain, emotional distress, loss of enjoyment of life, and other intangible losses.
• Punitive damages: In exceptional cases involving extreme negligence or intentional misconduct, punitive damages may be awarded to punish the at-fault party.

What if the insurance company denies or undervalues my car accident claim?

Insurance companies may attempt to deny or undervalue car accident claims to protect their bottom line. In such situations, a car accident lawyer can help:

• Review the denial or offer: Assess the insurance company’s decision and determine whether it is fair and in line with your damages.
• Negotiate on your behalf: Engage in negotiations with the insurance company to pursue a fair settlement that adequately compensates you.
• File a lawsuit: If a fair settlement cannot be reached through negotiations, your lawyer can initiate a lawsuit and represent you in court to seek the compensation you deserve.

How do I choose the right car accident lawyer in Sioux Falls?

When selecting a car accident lawyer in Sioux Falls, consider the following factors:

• Experience and expertise: Look for a lawyer with significant experience in handling car accident cases and a track record of successful outcomes.
• Reputation and reviews: Research the lawyer’s reputation, read client reviews and testimonials to gauge their professionalism and client satisfaction.
• Communication and personal attention: Choose a lawyer who is accessible, communicates clearly, and provides personalized attention to your case.
• Resources and support staff: Assess the firm’s resources and support staff, as it can impact the efficiency and effectiveness of handling your claim.
• Initial consultation: Take advantage of an initial consultation to discuss your case, ask questions, and determine if the lawyer is the right fit for you.

At The Law Offices of Clayborne, Loos & Sabers LLP, we are dedicated to providing personalized and skilled legal representation for car accident victims in Sioux Falls and throughout South Dakota. Contact our firm for a consultation to discuss your case and learn how we can assist you in seeking the compensation you deserve.

How Do You Know If You Qualify For Compensation?

To qualify for compensation in a car accident requires determining who’s at-fault. Nevada is a shared fault state, meaning parties that are at least 50% responsible for an accident and their insurance companies must compensate victims. This rule applies even under circumstances such as if bad weather played a role or even if the injured driver was wearing a seatbelt.  Determining who’s at-fault—even partially—often necessitates working with a qualified attorney. Trying to navigate the complex legal system yourself can be difficult, especially when dealing with immediate medical needs. 

Contact Our Experienced Sioux Falls South Dakota Auto Injury Attorney

Dealing with a car accident can cause a lot of emotional distress alongside monetary expenses. The Law Offices of Clayborne, Loos & Sabers LLP helps victims and their families receive the necessary compensation following a car accident. Speak with a Sioux Falls car accident lawyer today to see how our legal team can help!

5 Most Common Injuries Following a Car Accident: Understanding Your Legal Rights

Car accidents are unfortunate incidents that can lead to severe injuries and life-altering consequences for victims, and they often require help from a Sioux Falls car accident lawyer. In the aftermath of such collisions, it’s essential to be aware of the most common injuries that can occur. Understanding these injuries is crucial for victims and their families to ensure they receive the proper medical attention, legal support, and compensation they deserve. Let’s explore five of the most frequent injuries resulting from car accidents, shedding light on their potential impact on victims’ lives and their legal rights.

1. Whiplash Injuries:

Among injuries following a car accident, many people often think of whiplash. It occurs when the neck suddenly jerks backward and forward due to the force of impact. Whiplash can lead to strained or torn muscles, ligaments, and tendons in the neck, causing pain, stiffness, headaches, and reduced range of motion. While some cases of whiplash resolve with time and appropriate treatment, others can lead to long-term chronic pain and disability.

2. Bone Fractures:

The impact of a car accident can exert an immense force on the human body, often resulting in bone fractures. Fractures can occur in various areas, such as arms, legs, ribs, and the pelvis. Depending on the severity and location of the fracture, victims may require surgeries, extensive rehabilitation, and prolonged time off work. Bone fractures can lead to permanent injuries and may cause long-lasting emotional distress.

3. Traumatic Brain Injuries (TBI):

Car accidents can cause traumatic brain injuries, ranging from mild concussions to severe traumatic brain injuries, and such situations often call for working with a Sioux Falls car accident lawyer. Even in cases where there is no visible head injury, the sudden jolt and impact of a collision can cause the brain to hit the skull, resulting in internal damage. TBIs can lead to cognitive impairments, memory loss, mood changes, and difficulties with coordination. Recovery from a TBI can be a long and challenging process, requiring specialized medical care and ongoing therapy.

4. Soft Tissue Injuries:

Soft tissue injuries refer to damage to muscles, ligaments, and tendons throughout the body. They can manifest as sprains, strains, and contusions, causing pain, swelling, and limited mobility. Soft tissue injuries can make performing everyday tasks extremely difficult.  Seeking immediate medical attention and following a proper treatment plan is crucial to ensure a full recovery and document the extent of the injuries for potential legal claims.

5. Spinal Cord Injuries:

Unfortunately, car accident victims can suffer from partial or complete paralysis following a collision. These injuries can be life-changing and may require ongoing medical care, physical therapy, and adaptive equipment to aid daily living. Spinal cord injuries not only affect the victim physically but also emotionally and financially. As a result, pursuing fair compensation for such injuries becomes essential to cover medical expenses, rehabilitation costs, and future care needs. Car accidents can have devastating consequences, with injuries ranging from mild to life-threatening. Understanding the most common injuries resulting from car accidents is crucial for victims and their families to seek timely medical treatment and legal support. If you or a loved one has suffered any of the injuries mentioned above due to a car accident, consulting an experienced personal injury attorney is vital to protect your rights and pursue rightful compensation. Remember, while injuries heal with time, knowing your legal rights can provide a pathway to recovery and help you move forward with confidence. Reaching out to a Sioux Falls car accident lawyer from The Law Offices of Clayborne, Loos & Sabers LLP may help. As a Sioux Falls, SD car accident lawyer knows, vehicle accidents can result in consequences such as emotional trauma, bodily harm and many financial expenses. When faced with such a situation, seeking legal help becomes crucial to ensure that your rights are protected, and you receive the compensation you deserve. In this blog post, we will explore the significance of legal assistance after a car accident, the services provided by personal injury lawyers, the importance of hiring a car accident lawyer, and some common causes of car accidents.

The Importance of Legal Help after a Car Accident

The aftermath of a car accident can be difficult to deal with. Dealing with insurance claims, medical bills, and understanding your legal rights can be daunting tasks. This is where the importance of legal help comes into play. A skilled personal injury lawyer can guide you through the complex legal process, advocate on your behalf, and ensure that you receive fair compensation for your injuries, pain and suffering, and other related damages.

Legal Services a Personal Injury Lawyer Can Provide

A lawyer can offer clients many different types of legal services. Firstly, they can investigate the accident thoroughly, gathering evidence such as police reports, witness statements, and medical records to build a strong case. They also have the expertise to assess the true value of your claim, taking into account factors such as medical expenses, lost wages, future treatment needs, and emotional distress.

Why It’s Important to Hire a Car Accident Lawyer

Hiring a car accident lawyer is vital for several reasons. A Sioux Falls car accident lawyer has a strong understanding of the nuances of a car accident case. They are familiar with the laws and regulations governing personal injury claims and can ensure that you comply with all necessary deadlines and requirements. Your attorney will fight tirelessly to protect your rights, navigate the legal system on your behalf, and advocate for the compensation you deserve. They will also handle the negotiation process, ensuring that you are not taken advantage of during settlement discussions.

Causes of Car Accidents

Distractions on the road and driving under the influence can result in a car crash. Activities like texting, talking on the phone, eating, or using in-car technologies can divert the driver’s attention and lead to accidents. Exceeding the speed limit reduces a driver’s ability to react to unexpected situations, making accidents more likely and more severe. Operating a vehicle under the influence of alcohol or drugs impairs judgment, coordination, and reaction time, increasing the risk of accidents. Engaging in aggressive behaviors like tailgating, changing lanes without signaling, or disregarding traffic laws endangers everyone on the road.

Seek Legal Counsel 

The aftermath of a car accident can be a challenging and overwhelming time. Seeking legal help is vital to protect your rights, navigate the complex legal system, and obtain fair compensation for your losses. A personal injury lawyer specializing in car accidents can provide essential services, ensuring that you receive the representation and support you need during this difficult period. If you want to get justice and compensation for the losses that you have endured following an accident, do not wait to contact a Sioux Falls car accident lawyer like one from The Law Offices of Clayborne, Loos & Sabers LLP now. 

Sioux Falls Car Accident FAQs

Car accidents can be an overwhelming experience, and the aftermath often leaves individuals with numerous questions about their rights, the legal process, and potential outcomes. Here, we’ve compiled some of the most frequently asked questions we encounter as Sioux Falls, SD car accident lawyers to help guide you through this challenging time.

Why Do I Need A Sioux Falls, Sd Car Accident Lawyer After A Car Accident?

When you’re involved in a car accident, numerous factors come into play. From dealing with insurance companies to understanding your rights and the potential compensation you may be entitled to, having a skilled car accident lawyer by your side can be invaluable. Attorneys can help you navigate the complexities of the legal system, ensuring you receive fair treatment and maximizing your chances of a favorable outcome.

How Soon After My Accident Should I Contact A Lawyer?

It’s advisable to reach out to a lawyer as soon as possible after an accident. Critical evidence can be lost, and witnesses’ memories might fade over time. Additionally, there are specific timelines, known as statutes of limitations, within which you must file a claim. Engaging a Sioux Falls, SD car accident lawyer early ensures that all necessary steps are taken promptly, safeguarding your rights and interests.

What If The Other Driver Doesn’t Have Insurance Or Is Underinsured?

Uninsured and underinsured motorist scenarios can complicate claims. However, your insurance policy might have provisions for such situations. A knowledgeable car accident lawyer can review your policy, advise you on the best course of action, and help you seek compensation even when the at-fault driver doesn’t have adequate insurance.

How Is Fault Determined In A Car Accident?

Several factors determine fault in car accidents, including police reports, witness testimonies, photographs, video footage, and expert evaluations. Sometimes multiple parties can be at fault. A Sioux Falls, SD car accident lawyer can thoroughly investigate, gather necessary evidence, and help establish the level of fault of all involved parties. This determination is crucial as it can significantly influence the amount of compensation you might receive.

Will My Case Go To Trial?

While many car accident claims are settled out of court, some might proceed to trial, especially if there’s a dispute regarding the accident details or the amount of compensation. Having an attorney ensures you’re prepared for all possibilities. The goal is to achieve a just resolution, whether through negotiation or in a courtroom. Navigating the aftermath of a car accident can be challenging. The uncertainties, coupled with the emotional and physical trauma, can be daunting. The Law Offices of Clayborne, Loos & Sabers LLP is here to provide clarity, support, and expert legal representation during these trying times. If you or a loved one is seeking guidance after a car accident, don’t hesitate to reach out for a consultation. Our dedicated team is here to help every step of the way.

Sioux Falls Car Accident Laws

If you or a loved one have been injured in a car accident, contact a Sioux Falls, SD car accident lawyer at The Law Offices of Clayborne, Loos & Sabers LLP to find out what rights and compensation you may be entitled to. South Dakota, like every other state in the United States, has a set of specific laws related to car accidents. These laws are designed to establish guidelines for drivers, ensure safety on the roads, and provide a framework for handling accidents when they occur.

Reporting An Accident

South Dakota law requires drivers to report accidents to the local law enforcement agency if the accident results in injury, death, or property damage exceeding $1,000. Failure to report an accident can result in legal consequences, including fines and potential license suspension.

Duty To Stop

According to a Sioux Falls car accident lawyer, if you’re involved in an accident in South Dakota, you are legally obligated to stop at the scene. Leaving the scene of an accident, especially one with injuries or significant damage, can result in criminal charges, including hit and run.

No-Fault Insurance

South Dakota follows a no-fault insurance system. This means that after an accident, individuals turn to their own insurance providers for compensation, regardless of who was at fault. However, this system has exceptions. If the injuries are deemed “serious” or result in medical expenses exceeding a certain threshold, you may have the right to sue the at-fault driver.

Comparative Fault

South Dakota follows a modified comparative fault rule. This means that if you are found partially at fault for the accident, your compensation will be reduced by the percentage of fault assigned to you. If you are found to be 50% or more at fault, you may not be eligible to recover damages from the other party.

Statute Of Limitations

In South Dakota, there is a statute of limitations for filing a personal injury lawsuit with related to a car accident. Generally, you have three years from the date of the accident to file a lawsuit. If you miss this deadline, you may lose your right to seek compensation.

Uninsured And Underinsured Motorist Coverage

South Dakota law requires insurance companies to offer uninsured and underinsured motorist coverage to policyholders. This coverage can be vital if you are involved in an accident with a driver who lacks insurance or has insufficient coverage.

Seat Belt Laws

South Dakota has primary seat belt laws, meaning law enforcement can pull over and ticket drivers solely for not wearing a seat belt. Additionally, seat belt use is mandatory for all passengers, not just the driver.

Child Passenger Safety Laws

Children under the age of five are required to be secured in an appropriate child safety seat. Older children must be in booster seats until they are at least 8 years old or 4 feet 9 inches tall.

Alcohol-Related Laws

South Dakota has strict laws against driving under the influence (DUI). The legal blood alcohol concentration (BAC) limit for adults is 0.08%. For drivers under 21, it’s 0.02%. Penalties for DUI convictions can include fines, license suspension, and even jail time.

Cell Phone Use And Texting

South Dakota has banned texting while driving for all drivers. Additionally, novice drivers with learner’s permits or intermediate licenses are prohibited from using handheld electronic devices while driving.

Minimum Insurance Requirements

South Dakota has minimum insurance requirements that drivers must meet. As of my last knowledge update in September 2021, drivers are required to carry at least $25,000 per person and $50,000 per accident in bodily injury liability coverage, along with $25,000 in property damage liability coverage. It’s important to note that laws can change over time, so it’s essential to stay updated on the latest regulations in South Dakota. If you are involved in a car accident in South Dakota, it’s advisable to consult with a qualified Sioux Falls car accident lawyer at The Law Offices of Clayborne, Loos & Sabers LLP to start your journey toward justice and compensation. Adhering to these laws not only ensures your safety on the road but also helps you protect your rights and interests in the event of an accident.