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How does car accident liability work in an at-fault state?

On Behalf of | Mar 4, 2021 | Personal Injury

At-fault car crashes happen in states that don’t offer personal injury protection coverage laws. The at-fault driver is expected to have insurance that will cover your injuries and the cost of any property damage that they caused.

In an at-fault state, the person found liable for the collision will need to use their insurance coverage to cover the other party’s expenses. That’s why it’s important to make sure that the right fault determination is made. If you are a victim, you should be taking steps to make sure that the other driver is held accountable for their actions.

How does contributory negligence affect your claim?

In South Dakota, you also have to consider the contributory negligence laws. Contributory negligence laws make it so that if you bear any of the responsibility for causing the crash, then you won’t be able to collect from another party’s insurance. That strict rule is why you won’t want to speak with anyone about the collision until you have had time to consult with your attorney. You should not apologize or say anything that might indicate that you did anything that contributed to the crash.

What can you do to protect your claim in South Dakota?

It’s important for anyone who is injured in a crash in South Dakota to seek medical attention as soon as possible. Your health is the most important thing to worry about. Once your condition is stabilized, then it’s smart to move on to other issues as soon as you can.

Then, the next thing to do is to reach out to your attorney. You may have insurance agents calling you or police trying to take your statement, so make sure you understand what you should or should not say to help protect your claim.

If the other party attempts to claim that you had any role in the collision, it could threaten your claim. Your attorney can talk to you about what you can do to refute those claims and to show that you had nothing to do with the cause of the crash, so you can collect the compensation you need.