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Truck Accident Lawyer Sioux Falls, SD
Sioux Falls is a hub for semis coming through the northern Midwest. From I-90 to I-29, commercial vehicles and tractor-trailers are commonly seen. However, a giant commercial truck is anything but gentle in a traffic collision. Victims in a truck accident may have permanent, life-changing injuries. If you or someone you love has been in a wreck involving a semi-truck, you may have grounds to file a lawsuit for compensatory damages against the trucker, their employer, and other parties who might have played a hand in the crash.
An experienced Sioux Falls, SD, truck accident lawyer from The Law Offices of Clayborne, Loos & Sabers LLP can help you learn more about your legal options in a free consultation. Call us today.
How Can A Sioux Falls Truck Accident Lawyer Help Me?
Victims in a truck accident case have the right to demand compensation for all their losses, such as current and future medical expenses, any durable medical devices needed to get around or to facilitate healing, and their pain and suffering. You may be out of work for a considerable amount of time, and your settlement can also cover your lost wages.
The sheer size difference between the semi-truck and your smaller vehicle means that injuries for you and your passenger are often severe. Your case may be worth significantly more than if you’d been in a crash involving another passenger car. We can help develop a case against the trucker and any other at-fault parties and demand full compensation for all your needs.
Truck Accidents Are More Complex Than Car Accidents
Unlike a traffic collision involving two private drivers, there is often a third party in truck accidents: the trucking company. Whether the driver is a direct employee of the shipping carrier or a contract worker, the carrier may have played a role in creating conditions where an accident was more likely to happen.
For example, they may set a delivery schedule that forces the driver to work longer than the FMCSA permits in order to meet the deadlines. Or, the carrier may not have kept its fleet in safe condition, so a poorly maintained or malfunctioning vehicle may have caused the driver to lose control and crash,
It’s your lawyer’s job to investigate the full circumstances of the crash, including looking at possible third parties (such as the loaders who loaded the trailer or the shipping company) who may also have contributed to your damages.
Hurt In A Truck Crash? We Want To Hear Your Story
Have you been involved in a collision with a commercial truck? You may face a lengthy healing time, with no guarantee that you’ll fully recover. Let The Law Offices of Clayborne, Loos & Sabers LLP legal team take the burden of pursuing compensation off your shoulders. We fight for your rights against the toughest opponents and are committed to securing the best positive outcome in your case. Call today for a free consultation with a Sioux Falls truck accident lawyer.
How Truck Accident Lawsuits Are Handled
When you’re involved in a truck accident, the legal process can seem overwhelming. At The Law Offices of Clayborne, Loos & Sabers LLP, our Sioux Falls, SD truck accident lawyers understand how critical it is for our clients to have a clear understanding of what to expect. Partners Courtney Clayborne, Michael Loos & Michael Sabers have each been selected to the 2021 Great Plains Super Lawyer List for over five consecutive years. This is a prestigious distinction that only 5% of attorneys in the Great Plains region receive. This guide breaks down how truck accident lawsuits are typically handled in courts.
Understanding The Legal Framework
The first step in a truck accident lawsuit is understanding the legal framework. These cases often involve multiple parties including drivers, trucking companies, and insurance companies. The laws governing these accidents are designed to determine liability and ensure that the injured parties receive compensation for damages and injuries. Our role as your accident lawyer is to help you through these legal proceedings with a strategic approach tailored to your specific case.
Filing The Lawsuit
The lawsuit begins with filing a complaint in the appropriate court. This document outlines your legal claims against the defendant, the facts of the case, and the damages you are seeking. We meticulously prepare this document to ensure all relevant details are included and your rights are fully represented.
Discovery Phase
During the discovery phase, both parties exchange information related to the accident. This includes witness statements, truck maintenance records, driver logs, and more. As your Sioux Falls truck accident lawyer, we actively engage in this process to gather the evidence necessary to build a strong case on your behalf.
Motions And Hearings
Before the trial, there may be several motions and hearings. These are opportunities for us to argue certain legal issues in front of the judge, such as the admissibility of evidence or the dismissal of certain claims. It’s crucial to have a knowledgeable legal team during this phase to handle these complex legal arguments effectively.
Settlement Negotiations
Many truck accident cases are settled out of court. Settlement negotiations can occur at any stage of the lawsuit. Our aim during these discussions is to secure a fair compensation package that covers all your damages, from medical expenses to lost wages. We strive to negotiate diligently and advocate for your best interests, reducing the need for a prolonged court battle.
Trial
If a settlement isn’t reached, the case goes to trial. During the trial, both sides present their arguments, evidence, and call witnesses. The trial is conducted before a judge or a jury, who will then make a final decision on liability and damages. Our team works tirelessly to present your case in a compelling manner, aiming to achieve a favorable outcome.
Post-Trial
After the trial, there may be an appeal process. If the trial’s outcome is contested, the case could go to a higher court for review. We stand ready to defend your interests during the appeal process, ensuring that your case is strongly represented at every legal juncture.
At The Law Offices of Clayborne, Loos & Sabers LLP, we pride ourselves on our commitment to our clients. Handling a truck accident lawsuit requires a thorough understanding of legal procedures and a proactive approach to litigation. If you or someone you know has been involved in a truck accident, don’t hesitate to contact us. Attorney Michael Sabers has received multiple awards for his work in Family Law. Most recently, he was selected as one of the 10 Best Family Law Attorneys for 2020 and 2021. As your trusted Sioux Falls truck accident lawyer, we are here to help you through every step of the legal process and work towards securing the compensation you deserve. Let us take on the legal challenges while you focus on your recovery.
Sioux Falls Truck Accident Infographic
Sioux Falls Truck Accident Lawyer FAQs
As our Sioux Falls, SD truck accident lawyer can understand fully, experiencing a truck accident can be a life-changing event, leading to physical, emotional, and financial difficulties. In Sioux Falls, it’s crucial to understand your rights and options when dealing with the aftermath of such an accident. At The Law Offices of Clayborne, Loos & Sabers LLP, we frequently encounter a range of questions from clients who need guidance. Our lawyers bring more than 60 years of combined experience to bear on every legal matter we handle. Our firm’s lead personal injury attorney, Michael C. Loos holds more than 23 years of experience in protecting seriously injured people. Here, we provide answers to some of the most common questions about truck accidents to help you better understand the legal landscape.
What Evidence Is Needed To Prove Fault In A Truck Accident?
Proving fault in a truck accident involves collecting various types of evidence. Key pieces of evidence include the police report, which provides an official account of the incident and any citations issued. Witness statements can offer additional perspectives on how the accident occurred. Photographs of the accident scene, vehicle damage, and any visible injuries are also crucial. Additionally, obtaining truck driver logs, maintenance records, and data from the truck’s electronic logging device (ELD) can help establish whether the driver was adhering to regulations. Medical records documenting your injuries and treatments will further support your claim by linking the accident to your physical condition.
How Is Liability Determined In A Truck Accident Case?
Liability in a truck accident case is determined by analyzing the evidence and identifying who acted negligently. This can include the truck driver, the trucking company, or even the manufacturer of the truck or its parts. For instance, if the truck driver violated traffic laws or was driving while fatigued, they might be held liable. Similarly, if the trucking company failed to maintain the vehicle properly or pushed the driver to exceed legal driving hours, they could be responsible. In some cases, a parts manufacturer might be liable if a mechanical failure contributed to the accident. Our role as your Sioux Falls truck accident lawyer is to thoroughly investigate all potential sources of liability to build a strong case on your behalf.
What Are Common Causes Of Truck Accidents?
Truck accidents can occur for various reasons, many of which involve negligence or human error. Common causes include driver fatigue, which can lead to slower reaction times and poor decision-making. Distracted driving, such as using a phone or eating while driving, is another frequent cause. Other significant factors include speeding, impaired driving due to alcohol or drugs, and improper loading of cargo, which can affect the truck’s balance and control. Mechanical failures, such as brake or tire issues, also contribute to many truck accidents.
How Much Does It Cost To Hire An Accident Lawyer?
Many people worry about the cost of hiring a lawyer, but it’s important to know that most personal injury lawyers work on a contingency fee basis. This means you do not pay any upfront fees. Instead, the lawyer’s fee is a percentage of the settlement or court award you receive. If you do not win your case, you typically do not owe any legal fees. This arrangement allows you to access legal representation without financial strain, ensuring you can pursue your claim with confidence.
What Should I Look For When Choosing A Lawyer?
Choosing the right accident lawyer is crucial for the success of your case. Look for a lawyer with experience specifically in truck accident cases, as these can be more complex than standard car accidents. A good lawyer should have a track record of successful settlements and verdicts in similar cases. It’s also important to choose someone who communicates clearly and regularly, keeping you informed throughout the process. Client testimonials and reviews can provide insight into a lawyer’s reputation and client satisfaction. Lastly, ensure the lawyer is someone you feel comfortable working with, as a strong attorney-client relationship can make a significant difference.
In conclusion, dealing with the aftermath of a truck accident requires a clear understanding of the legal process and the right support. At The Law Offices of Clayborne, Loos & Sabers LLP, we are dedicated to helping you navigate these challenges. If you have been involved in a truck accident, contact us today to discuss your case with a Sioux Falls truck accident lawyer. Let us help you pursue the compensation you deserve and move forward with your life.
South Dakota
Rapid City, SD
Sturgis, SD
Spearfish, SD
Deadwood, SD
Black Hills, SD
$4,999,257
Arbitration award for wrongful termination of contract; upheld on appeal; Spiska v. SPM Thermo-Shield, 730 N.W.2d 683 (SD 2007)
$1,250,000
Policy limits settlement involving bi-lateral lower leg fractures caused by head-on collision.
$690,000
Settlement regarding spousal assault
$500,000
Policy limits settlement for traumatic brain injury and vision deficits as a result of motor vehicle accident
$400,000
Settlement for insurance bad faith related to wrongful denial of workers compensation benefits
$300,000
Verdict for traumatic brain injury from motor vehicle accident
$160,000
Settlement for assisted living resident injured while being transported to medical appointment
$100,000
Settlement for fall at assisted living center
Client Review
“I witnessed Holly in trial she won our case for us, I was very impressed by her she was very professional and her demeanor was amazing. She has the greatest personality and she truly wants the best for her clients. I will come to her for all of my legal issues. Thank you Holly for giving our family justice.” Lauren Sewell
