Were you injured in a drunk driving accident in South Dakota?

Loos, Sabers & Smith, LLP represents injured people across South Dakota after impaired-driving crashes, with decades of plaintiff-side trial experience.

If you were injured by a drunk driver in South Dakota, it’s vital that you speak with a personal injury attorney about your right to compensation. The law allows you to recover for your medical care, your lost income, and the lasting effects of the crash, and acting promptly helps protect your claim. 

For more than 35 years, the attorneys at Loos, Sabers & Smith, LLP have represented injured South Dakotans from the Black Hills to the eastern prairie. A South Dakota drunk driving lawyer can review your case and explain your options without charging you a thing. Contact us to get started.

Drunk Driving Lawyer South Dakota

A drunk driving lawyer stands on the side of the injured person. We do not represent the driver who was arrested. That criminal case belongs to the State of South Dakota, and it is about guilt, penalties, and a possible conviction.

Your civil claim seeks money for your medical care, your lost wages, and the lasting effects of the crash, and a drunk driving accident attorney pursues it through the insurer or, when necessary, a lawsuit. A conviction can hold the driver accountable in the eyes of the law. It does not put a dollar toward your recovery. The civil case is what allows you to pursue compensation, and it can move ahead no matter how the criminal charges turn out, because it only needs to show the driver was more likely than not at fault. The standard of proof is lower than in a criminal trial, which is one reason injured people sometimes recover even when a prosecution does not end in conviction.

Types of Drunk Driving Cases We Handle in South Dakota

An impaired driver can cause very different injuries depending on the crash. Our South Dakota drunk driving attorneys represent victims statewide across the full range of these collisions. The matters below are the ones we handle most.

• Car accidents. Most drunk driving claims begin with a wreck between vehicles. We investigate the collision, assemble the evidence, and press the at-fault driver’s insurer for a fair recovery.

• Truck accidents. A drunk driver at the wheel of a commercial truck can cause enormous harm. These cases can involve the driver and the company behind the vehicle, and we pursue every source of recovery.

• Motorcycle accidents. South Dakota draws riders from across the country, and an impaired driver who fails to see a motorcycle can cause catastrophic injuries. We counter the bias riders often face.

• Pedestrian accidents. A person on foot has no shield against a vehicle. Pedestrians hit by drunk drivers tend to suffer serious injuries, and we treat these claims with the weight they deserve from the very first meeting.

• Bicycle accidents. Cyclists struck by impaired drivers can sustain head and spinal trauma. We hold the responsible driver to account for the full reach of those injuries.

• Head-on and wrong-way collisions. Impaired drivers who cross the centerline or enter a road going the wrong direction cause some of the deadliest crashes on South Dakota highways. The injuries are frequently life-altering, and the rural, high-speed stretches common across the state can make them worse.

• Catastrophic injuries. Traumatic brain injuries, spinal cord damage, and other permanent harm require a claim built for decades, not months. We account for future care and lost earning power.

• Wrongful death. When a family loses someone to a drunk driver, we help them seek accountability and the support the law provides, drawing on what the wrongful death claims process in South Dakota allows.

Why Choose Loos, Sabers & Smith, LLP as my Drunk Driving Lawyer in South Dakota?

Decades of Statewide Injury Work

Michael C. Loos has practiced personal injury law in South Dakota since 1994, representing people hurt by negligence rather than the insurers on the other side. He is admitted in South Dakota and before the U.S. District Court for the District of South Dakota along with the Eighth and Tenth Circuit Courts of Appeals. He earned his law degree from the University of South Dakota School of Law and has been selected to Super Lawyers for personal injury every year from 2017 through 2025. A seasoned personal injury lawyer in South Dakota brings that history to every drunk driving claim.

Serious Results for Injured Clients

Our attorneys have recovered millions of dollars for injured people and their families across the state. We build each case as though a jury will decide it, and that readiness tends to bring stronger offers without a trial. An insurer that sees a claim is trial-ready treats it differently than one it expects to settle on the cheap. Every consultation is free, and you will leave it understanding your options.

Understanding Drunk Driving Cases

South Dakota applies a rule of fault unlike that of any other state. You may recover only if your share of the fault was slight in comparison to the drunk driver’s, and any recovery is then reduced in proportion to your share. This single rule influences nearly every impaired-driving claim in the state. It is the reason insurers work so hard to assign you part of the blame, and it is why the allocation of fault can matter as much as the injuries themselves. The sections below explain what that means for your case.

Damages, Liability, and Compensation for Drunk Driving Cases

Damages are the losses the law lets you recover. In a drunk driving injury claim, they generally include the following personal injury damages.

• Medical expenses. Emergency treatment, surgery, hospital stays, rehabilitation, and the care you will still need ahead.

• Lost income. Wages missed during recovery, and reduced earning capacity when an injury is permanent.

• Pain and suffering. The physical pain and the way a serious injury limits your daily life.

• Emotional harm. Anxiety, depression, and trauma that often follow a violent crash.

• Property damage. The cost to repair or replace your vehicle and other belongings.

• Punitive damages. Drunk driving can be reckless enough to support damages meant to punish the conduct.

Liability is the matter of legal fault. Sorting it out takes solid evidence and an understanding of why so many South Dakota roads see these crashes in the first place, because the facts of how a wreck happened shape who is responsible.

What Are Important Aspects of a Drunk Driving Case?

Evidence is what determines the outcome of a claim. The following are especially important.

• The police report and any breath or blood testing of the driver.

• Photographs of the scene, the vehicles, and your injuries.

• Medical records linking your treatment to the crash.

• Witness accounts and any video that exists.

• How South Dakota’s shared-fault rules apply, since they can reduce or even bar a recovery.

What Is The Drunk Driving Case Timeline?

Cases move at their own pace, yet most pass through the same steps.

• Getting medical care and documenting your injuries.

• Investigating the crash and securing evidence.

• Filing the claim with the responsible driver’s insurer.

• Negotiating, then suing if the insurer will not be fair.

• Settling the case or, when it comes to it, going to trial.

What Should You Bring to Your Drunk Driving Consultation?

Bring what you have. We can help with anything that is missing.

• The crash or police report, if you have received it.

• Photos from the scene and of your injuries.

• Medical bills and records you have gathered.

• Insurance details and any letters from adjusters.

The consultation is free. We will answer your questions and explain how a claim would work, including what you can do after being injured by drunk drivers. There is no obligation to hire us.

What Are Important South Dakota Legal Resources for Drunk Driving Cases?

These public resources can help you understand the South Dakota laws that govern an injury claim. Use them as a starting point, not as advice on your specific situation, and raise any questions they prompt during your free consultation.

• The three-year deadline for most injury lawsuits comes from the statute of limitations.

• South Dakota’s comparative negligence statute sets out how shared fault affects recovery.

• The duty to use reasonable care is found in South Dakota negligence law.

• The deadline for fatal-crash claims is set by the wrongful death statute.

• National impaired-driving figures appear in NHTSA drunk-driving data.

• Statewide traffic-safety information comes from the Office of Highway Safety.

Reach Out to Loos, Sabers & Smith, LLP to Schedule a Consultation

Deciding whether to pursue a claim is easier with clear information. We provide that in a free consultation, where we assess your case, outline your legal options, and answer your questions directly. You are free to take the next step or simply leave with a better understanding of your position. When you are ready, contact us to set up a time to meet.