South Dakota Car Accident Frequently Asked Questions

At Heidepriem, Purtell, Siegel & Hinrichs, LLP, we offer experienced legal guidance for injury victims, and a big part of that is quickly answering important questions they may have, such as:

What should I do immediately after being involved in a car accident in Sioux Falls?

To effectively manage the situation after a car accident in Sioux Falls, follow these steps:

1. Ensure safety: First, if you are able, move to a safe location and turn on your hazard lights to alert other drivers.
2. Check for injuries: Check yourself and others for injuries. Do not move anyone injured severely as this could worsen their condition.
3. Call the authorities: Dial 911 to report the accident and request medical assistance if there are any injuries. The police will document the scene and create a report, which is crucial for insurance claims and legal purposes.
4. Document the scene: Write notes about the details of the crash and take photographs of the accident scene, the vehicles, traffic signs and any injuries. These can be critical evidence for your insurance claim or any legal action.
5. Exchange information: Exchange contact and insurance information with the other driver. Get their name, address, phone number, driver’s license number, license plate number and insurance details.
6. Limit discussion: Avoid discussing fault or details of the accident with the other driver. Statements made can be used against you later.
7. Gather witnesses: If there are witnesses, get their contact information. Their accounts may be important if there is a dispute about the accident’s circumstances.
8. Notify your insurance: Inform your insurance company about the accident as soon as possible. Provide them with all the necessary documentation.
9. Contact an attorney: Consider consulting with a personal injury attorney who can advise you on your rights and help ensure that you receive fair compensation for damages and injuries.

What types of compensation can I seek if I’ve been injured in a Sioux Falls car accident?

Compensation often starts with medical bills and lost wages. You may also deserve compensation for lost earning capacity, long-term medical costs (like rehabilitation), pain and suffering and more.

What if the other driver involved in the accident does not have insurance?

If you get into an accident with an uninsured driver, what you can get as compensation will largely depend on your own insurance. Many auto insurance policies include uninsured motorist (UM) coverage, which can help pay for your medical bills, pain and suffering and lost wages from the accident.

If the other driver’s insurance does not cover all your costs, underinsured motorist (UIM) coverage can also help. Like UM, you can choose to add UIM coverage to your auto insurance for extra protection.

If your UM or UIM coverage does not fully cover your losses, you might think about suing the at-fault driver. It is a good idea to talk to a personal injury attorney who can look at your case, explain your legal options and help you get the compensation you deserve.

How is fault determined in a South Dakota car accident?

Determination of liability is a unique process in South Dakota. Injured parties are only able to receive compensation for their losses if they are wholly without fault for the accident or their share of the fault is considered “slight” (30% or under). Anybody with “gross” responsibility (more than 30%) for a wreck is barred from recovery. This is an area where it helps to have an experienced Sioux Falls auto accident lawyer.

Should I talk to the insurance company or give a statement after my car accident?

You can’t be forced to give a statement to the other insurance company, and it is wisest not to do so. It is too easy to say something that can be used to infer gross responsibility for a wreck. A Sioux Falls auto accident lawyer can safely handle those communications on your behalf.

How much is my case worth?

The value of a car accident case can differ greatly. It depends on how bad your injuries are, how much damage your vehicle sustained, any wages you lost, medical costs, and how the accident affected your life. Other factors include how the accident happened, who is at fault and what insurance coverage is involved.

It is hard to put a specific number on your case without looking at all these details. Talking to a personal injury attorney can help you understand what your case might be worth based on your specific circumstances.

How long do I have to file a claim after a car accident in South Dakota?

In South Dakota, you have three years from the date of the car accident to file a lawsuit if you believe someone else is at fault. This three-year period applies to both personal injury and property damage claims. However, insurance companies might have earlier deadlines, so it is wise to start your claim process soon to protect your rights.

Contact Us Today

To set up a consultation with a Sioux Falls auto accident lawyer, please call 605-252-9277 today or send us an email. We can help you understand your options.