Heidepriem, Purtell, Siegel & Hinrichs, LLP HPS Law Firm 2026-05-22T05:26:35Z https://www.hpslawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1203442/2021/03/cropped-hps-site-icon-32x32.jpg On Behalf of Heidepriem, Purtell, Siegel & Hinrichs, LLP <![CDATA[The ‘pothole season’ liability guide: Can you sue the City of Sioux Falls?]]> https://www.hpslawfirm.com/?p=47981 2026-03-17T16:41:22Z 2026-03-17T16:41:22Z Why the city isn't always footing the bill South Dakota law creates a challenging path for holding a local government responsible for car damage. The city is generally protected from lawsuits unless you can prove it had "notice" of the specific hazard. Legal liability depends on whether the city knew, or should have known, about the hazard and failed to fix it within a reasonable time. If a fresh pothole appeared only an hour ago, your Sioux Falls damage claim faces a difficult uphill battle. Proving "constructive notice" means showing the city should have discovered the hazard through regular maintenance and inspections.

Take control of the reporting process

You can help yourself and your neighbors by documenting the hazard immediately. Reporting the issue creates the official record required to hold the city accountable for future accidents. Use these official tools to report road issues in Sioux Falls:
  • Call the “Pothole Hotline” at 605-367-8002 to provide the exact location.
  • Use the city’s online reporting portal to log the hazard and upload photos of the road condition.
  • Keep a copy of your report confirmation for your personal records and the insurance company.
Taking these steps ensures that a digital footprint of the dangerous road condition exists for the next driver. A paper trail is vital if you need to prove later that the city neglected a known hazard.

Understand strict ‘Notice of Claim’ rules

South Dakota law requires you to act fast if you intend to seek compensation. You must file a formal written "Notice of Claim" with the city within 180 days of the incident. Collect the following evidence to support your formal claim:
  • Clear photos of the pothole and the surrounding landmarks to identify the exact spot
  • Itemized repair estimates from a certified mechanic detailing the specific damage
  • The precise date and time the incident occurred to cross-reference city maintenance logs
Missing the 180-day window means you permanently lose your right to seek any compensation from the city. Proving government liability involves complex statutes and strict procedural filing requirements. Managing these narrow windows and specific legal standards requires skilled legal guidance to manage claims against government entities. An experienced car accident lawyer ensures your rights remain protected throughout this challenging administrative process.]]> On Behalf of Heidepriem, Purtell, Siegel & Hinrichs, LLP <![CDATA[When a claim is denied as cosmetic after a South Dakota hailstorm]]> https://www.hpslawfirm.com/?p=47963 2025-12-29T13:37:35Z 2025-12-29T13:37:35Z are a regular occurrence, and insurance companies frequently get flooded with claims after storms pass through the state. People who carry homeowners’ insurance should be able to file claims for necessary repairs to ensure that their homes are safe and structurally sound after sustaining hailstorm damage. Unfortunately, insurance companies may try to unfairly deny valid claims by asserting that the claim is merely cosmetic and not structurally necessary. Such acts may constitute bad faith insurance practices.

When does a denial become bad faith?

The difference between structural damage and cosmetic damage is relatively straightforward. Cosmetic damage only affects the appearance of the property, while structural damage may compromise key systems, including the stability of the siding and insulation or the protection provided by the roof. In cases where hail damage has clearly affected the thermal protection of a building or put the property at risk of water incursion and similar issues due to damage to the siding or windows, then the damage is not merely cosmetic. In claims where there is a question about whether the damage is cosmetic or structural, those inspecting the property generally need to perform thorough examinations. They should validate the extent of the damage. If the inspector did not exit their vehicle or get up on a ladder to look closely at hail storm damage, their determination on the claim may be questionable, at best. Bad faith insurance practices can involve denying reasonable claims. It is also a bad faith practice to provide a settlement that is far below the policy limits and the total property damage expenses. Property owners may need to document the storm damage themselves, review their policy paperwork and get a second opinion from a repair or construction professional. In cases where policyholders can show that damage may cost substantially more than an offered settlement amount or wherein the damage clearly goes beyond cosmetic issues, they may need to take legal action against an insurance company to obtain the coverage that they deserve. Reviewing a policy and damage with a lawyer familiar with complex insurance matters can be helpful. A bad faith insurance lawsuit – when approached thoughtfully – can lead to increased compensation and accountability for an insurance company acting in bad faith.]]> On Behalf of Heidepriem, Purtell, Siegel & Hinrichs, LLP <![CDATA[Is your UM/UIM coverage enough in South Dakota?]]> https://www.hpslawfirm.com/?p=47957 2025-10-20T20:58:41Z 2025-10-20T20:58:41Z Understand what UM/UIM coverage means for you UM and UIM coverage step in when the other driver can’t pay for the damage they cause. That means if someone with no insurance runs a red light and totals your car, your UM policy covers your medical bills and repairs instead of leaving you to pay them out of pocket. If that driver has insurance but not enough to cover everything, your UIM policy fills the gap. Having only the state minimum might sound fine until you realize a single ER visit can cost more than twenty-five thousand dollars.

Know what South Dakota law requires

South Dakota law sets the same basic limits for liability and uninsured motorist coverage: $25,000 per person and $50,000 per accident. That may sound like a lot until you factor in an ambulance ride, imaging tests and a few days in the hospital. Serious injuries can easily exceed those amounts, leaving you to cover the rest. Many drivers increase their UM/UIM limits to match what they’d need to replace a vehicle or pay medical bills after a major crash.

Recognize when your insurer isn’t playing fair

Even with solid UM or UIM coverage, your protection only works if your insurer keeps its promises. Sometimes companies delay payments, make unreasonably low offers or drag out communication, hoping you will settle for less. Those are signs the company may not be handling your claim in good faith. South Dakota law protects you from unfair practices, but the first step is recognizing when something feels off and keeping careful notes on every interaction so you can respond if problems arise.

Protect your right to fair compensation after a crash

The steps you take right after an accident can make or break your claim. Call the police, get medical care and tell your insurer what happened as soon as you can. Take pictures, write down names and save every receipt connected to the crash. Do not accept a quick settlement until you know the full cost of your recovery. Staying calm and thorough from the start helps you avoid unnecessary delays and gives you a stronger footing if your insurer starts pushing back.

Look ahead before an accident tests your coverage

The real value of insurance shows up only when something goes wrong, which is why it pays to understand your options long before that moment comes. If a serious crash ever puts your policy to the test, knowing what protection you have and what you are entitled to can make all the difference. Take the time now to learn how South Dakota’s coverage laws work, ask the right questions and seek guidance if something about your policy or claim does not feel right.]]> On Behalf of Heidepriem, Purtell, Siegel & Hinrichs, LLP <![CDATA[What are examples of insurance bad faith practices?]]> https://www.hpslawfirm.com/?p=47943 2025-07-24T20:58:42Z 2025-07-24T14:24:46Z South Dakota law requires insurance companies to treat policyholders fairly. However, sometimes insurers act in bad faith by failing to handle your claim fairly. If it felt like your insurance company was working against you, you may have experienced it. Below are some common examples of these practices.

Unnecessary delays in processing your claim

South Dakota courts expect insurers to act promptly. Thus, insurance companies must process claims efficiently. If your provider takes weeks or months to return your calls, that is a red flag. Endless paperwork or needless delays may also signal bad faith.

Failure to investigate your claim

Insurers must investigate a claim before making a decision. If they deny your claim without reviewing the damage, that is a problem. Failing to speak to witnesses or check records means they are not doing their job. Some ignore important facts or cherry-pick information to justify a denial. That is also considered bad faith.

Unreasonable or unfair denials

This is one of the most serious signs of bad faith. If your policy covers your loss — like a fire, storm damage or medical procedure, the company must honor it. If they deny the claim anyway, they may be breaking the law. Some insurers argue that an exclusion applies even when it does not. Others use vague language to confuse you or hope you give up. In South Dakota, courts check if the insurer had a valid reason to deny the claim. They also look at whether the company explained the reason clearly.

Offering a lowball settlement

Another red flag is when the insurer offers a settlement far below the actual cost of your loss. They may ignore current repair prices or undervalue your injuries. Some pressure you to accept a quick payout before you fully understand your damages. If something does not feel right, it is a good idea to consult with a lawyer. A local attorney can explain your options and help you hold the insurer accountable.]]> On Behalf of Heidepriem, Purtell, Siegel & Hinrichs, LLP <![CDATA[What are the most dangerous months for car accidents in South Dakota?]]> https://www.hpslawfirm.com/?p=47929 2025-05-14T17:19:09Z 2025-05-13T16:19:13Z Summer surge in accidents July is the deadliest month for traffic crashes in South Dakota, followed closely by April. The increase in accidents during the summer months can be attributed to several factors. Typically, more drivers hit the roads for vacations and holiday weekends, leading to congested highways and increased chances of collisions. Moreover, tourist traffic adds to this congestion, as visitors unfamiliar with local roads navigate through the state. Additionally, the summer months see more teen drivers, who may be less experienced and more prone to accidents. Not wearing a seat belt remains a significant factor in fatalities; in 2024, it accounted for over half of the deaths in crashes. Speeding is also a common issue as drivers feel more confident on clear skies. Unfortunately, this overconfidence can lead to dangerous situations and accidents. Alcohol use also spikes during summer celebrations, increasing the risk of impaired driving. Another contributing factor is distracted driving. With more people on the road, drivers may be tempted to check their phones or engage in other distractions. It's crucial to remain focused and alert to avoid accidents. Moreover, summer brings increased rainfall, which can lead to slippery roads and hydroplaning. Drivers should be cautious during wet conditions and avoid sudden braking to prevent wheel lock.

Teen drivers and summer risks

Teen drivers face unique risks during the summer months. The period between Memorial Day and Labor Day is often referred to as the "100 Deadliest Days" for teen drivers. With more free time, teens are more likely to be on the roads, sometimes in unfamiliar areas. Lack of experience can lead to poor decision-making and increased accidents. It's essential for parents to emphasize safe driving habits and encourage teens to stay vigilant.

Vehicle maintenance and safety checks

Summer heat can also affect vehicle performance, leading to accidents. Car engines are more likely to overheat due to increased use of air conditioning and higher atmospheric temperatures. Regular maintenance, including checking coolant levels and ensuring radiator efficiency, can prevent overheating. Tire pressure and tread should also be checked frequently, as underinflated tires are a leading cause of blowouts. While summer offers the perfect opportunity for road trips and vacations, it is vital to be aware of the increased risks on the road. By understanding the factors contributing to summer accidents and taking preventive measures, you can help ensure a safer driving experience. Prioritize safety by wearing seat belts, avoiding distractions, and maintaining your vehicle. Enjoy the summer months responsibly, keeping South Dakota's roads safer for everyone.]]> On Behalf of Heidepriem, Purtell, Siegel & Hinrichs, LLP <![CDATA[What are South Dakota’s distracted driving laws?]]> https://www.hpslawfirm.com/?p=47906 2026-05-13T17:09:16Z 2025-01-28T17:32:52Z Distracted driving has been a major public safety hazard for years both in South Dakota and throughout the U.S. People who can't put their phones down cause hundreds of crashes every year throughout the state. Some of those crashes result in serious injuries or even death.

What does South Dakota law say?

South Dakota law prohibits using a cell phone while driving. As of 2020, it is a Class 2 misdemeanor offense in South Dakota to use a cell phone while behind the wheel. Taking pictures with a phone, reading a text message, composing a text message or posting to social media are all examples of ways that drivers could violate the law.

SD’s hands-free law: What’s legal vs. illegal?

South Dakota’s statewide rule is primarily a texting-while-driving ban. In South Dakota, the following is generally allowed:
  • Using hands-free features like Bluetooth, speakerphone and voice commands to call or navigate.
  • Using your phone when you are lawfully parked/stopped out of traffic (e.g., pulled over and parked safely).
In contrast, the following is generally illegal:
  • Texting while driving.
  • Using a phone as a handheld device to check social media, music or other apps. This includes stops at traffic lights. 
  • Using a phone in ways that violate your license restrictions, such as minors/permit or provisional license holders who generally have stricter limits on cell phone use while driving under SD licensing rules.
Also, local ordinances in some cities may be more restrictive.

What are the three forms of distracted driving?

Driving requires full attention, but distractions can significantly impair a driver's ability to operate a vehicle safely. There are three main types of distractions: visual, cognitive, and manual. Visual distractions occur when a driver takes their eyes off the road. Cognitive distractions involve a driver's mind wandering away from the task of driving. Manual distractions involve taking one or both hands off the wheel. Examples of all three distractions include:
  • Visual Distractions: Looking at a GPS device, reading a text message or observing something outside the vehicle
  • Cognitive Distractions: Engaging in intense conversations with passengers or on the phone, daydreaming or worrying.
  • Manual Distractions: Eating or drinking, adjusting car controls or reaching for objects.
Because texting can fall into all three categories, it is considered one of the most dangerous forms of distracted driving.

How can you prove negligence in a South Dakota distracted driving claim?

Proving distracted driving after a crash can be an important step towards holding the responsible driver financially accountable for the cost of the accident. Those who are considering this step should know that South Dakota has unique comparative negligence rules. In order to build a successful case, the victim must establish that anything they did that could have contributed to the accident was “slight” compared to the actions of the other driver. Showing the other driver’s actions were primarily the cause of the crash, or that the other driver was grossly negligent, means the court will hold that driver accountable. Although many drivers in South Dakota are aware of the state’s difficult comparative negligence rules, legal counsel with experience in this complicated area of law can help to draw this distinction and better ensure a victim receives just compensation.

Why is the primary offense rule a game-changer for your claim?

In South Dakota, officers no longer need a pretext like a broken headlight or swerving in traffic to stop a distracted driver. Simply seeing a driver holding a device while the vehicle is in motion or “temporarily stationary” is enough. An example of “temporarily stationary” can include a stop at a traffic light. This is part of the South Dakota primary offense law. A citation for violating the distracted driving statute can serve as evidence that the driver breached their duty of care. This can help to shift the burden of proof and make it much harder for insurance companies to deny liability.

What legal recourse is available for victims of distracted drivers in SD?

From the I-29 corridor in Sioux Falls to the Black Hills, victims of crashes in South Dakota can pursue a personal injury claim against the at fault driver to get compensation for a distracted driving accident. You can demand accountability for unsafe conduct such as texting, scrolling, dialing, eating, grooming, adjusting navigation and other distracting behaviors. You can often use police reports, phone records, witness statements and crash reconstruction to help establish the other driver was distracted and negligent, causing harm to the victim. It is important to note that South Dakota imposes a strict statute of limitations. You must generally file a personal injury lawsuit within three years of the crash date. Delay can erase your leverage and block your recovery. Compensation can cover economic losses including payment for medical bills, hospital care, surgery, rehabilitation, prescriptions and future treatment. You can also seek payment for lost wages, reduced earning capacity and career disruption as well as pain and suffering damages. Contact Heidepriem, Purtell, Siegel & Hinrichs, LLP for a case evaluation.]]> On Behalf of Heidepriem, Purtell, Siegel & Hinrichs, LLP <![CDATA[South Dakota winter weather driving safety tips]]> https://www.hpslawfirm.com/?p=47886 2024-11-25T18:09:36Z 2024-11-25T18:09:36Z Prepare the vehicle Regular vehicle maintenance is crucial for safety in any season. However, it becomes even more important during the winter months. Drivers may need to be fastidious about ensuring that they have fuel in their vehicles and that their tires are adequately inflated. They may also want to switch out their standard tires for winter tires and replace their windshield wiper blades. Additionally, they may want to put a winter safety kit in their vehicles.

Carry the right supplies

There are numerous supplies that can make a major difference to the safety of drivers and passengers should there be some kind of vehicular issue during winter weather. People may wait for hours for a tow truck or first responders to arrive. Maintaining the right supplies in the vehicle can help people get out of difficult situations or keep them safe while they wait for help. Winter supply kits should generally include warm clothing and boots or blankets. Flares or lights to remain visible to other vehicles in dark and snowy environments can also be helpful. Some drivers go so far as to carry small shovels and kitty litter so that they can regain vehicle traction and get themselves out of a ditch. Tow straps can also be a smart investment even for those who don't have vehicles capable of towing.

Adjust driving habits

Obviously, staying home during times of inclement weather is the best option. However, that isn't always a realistic choice. For those who must be on the roads when it is snowy or icy, there are two main driving changes that can help keep them safe. The first involves reducing speed. The second involves increasing following distance. Drivers may also want to brake from farther back when approaching a turn or when stopping because they could lose traction. Being more consistent about communicating with other vehicles by using turn signals can also be crucial for safety when the roads are icy. Those who do lose control of their vehicles need to know how to react. Typically, the best option is to stop applying the gas pedal and steer into the spin or slide rather than trying to slam on the brakes or fight the vehicle's motions. Preparing ahead of time for the possibility of a winter weather crash can significantly increase the overall safety of those who must travel during the snowy South Dakota winter season.]]> On Behalf of Heidepriem, Purtell, Siegel & Hinrichs, LLP <![CDATA[Jury Returns Verdict in Favor of Client Represented by Partner Pete Heidepriem]]> https://www.hpslawfirm.com/?p=47847 2024-07-31T02:24:01Z 2024-07-31T02:23:35Z On Behalf of Heidepriem, Purtell, Siegel & Hinrichs, LLP <![CDATA[Jury Returns Verdict in Favor of Client Represented by Partner Vince Purtell and Associate Sam Matson]]> https://www.hpslawfirm.com/?p=47844 2024-07-30T16:59:25Z 2024-07-30T16:53:14Z Vince Purtell and Sam Matson. In June 2019, nine-year-old Arianna Farris sustained a facial laceration when she went down a hotel waterslide. The injury necessitated an emergency room visit and subsequent skin revision surgery by a plastic surgeon, resulting in permanent facial scarring. Despite the severity of her injuries, the hotel owner denied responsibility and downplayed the extent of Arianna's scarring. Following two days of testimony, the jury awarded Arianna and Mandy Farris $770,000.00 to compensate for Arianna’s future pain and suffering. Partner Vince Purtell and the entire team at HPS Law Firm take pride in advocating for clients like Mandy and Arianna.]]> On Behalf of Heidepriem, Purtell, Siegel & Hinrichs, LLP <![CDATA[UM/UIM coverage can protect your family following an accident]]> https://www.hpslawfirm.com/?p=47839 2024-05-29T19:30:00Z 2024-05-22T10:47:49Z uninsured/underinsured motorist coverage (UM/UIM). It’s an add-on to your insurance policy that can act as a crucial safeguard for you and your family.

What is UM/UIM coverage?

UM/UIM coverage can protect your family if you get involved in an accident where the responsible driver has insufficient insurance or isn’t insured at all. Liability insurance is mandatory for every motorist, but unfortunately, not every driver complies. Even if the responsible driver is insured, their minimum coverage amount may not cover catastrophic injuries. Thankfully, UM/UIM coverage can step in to fill these gaps, helping to ensure you aren’t left financially vulnerable.

The prevalence of uninsured drivers

Nationally, about 13% of drivers are uninsured or have insufficient insurance coverage. These alarming statistics are a stark reminder of the financial burden you may be exposed to in the event of an accident. Without UM/UIM coverage, you could face substantial out-of-pocket expenses that could destabilize you financially overnight. Suppose your family sustain catastrophic injuries in a collision with a reckless and uninsured or underinsured motorist. In that case, your medical bills can quickly escalate. Furthermore, vehicle repair costs can add another layer of financial burden. This is not to mention the potential loss of wages if your injuries render you unable to work. UM/UIM coverage can provide a safety net for your family, covering these expenses up to your policy limits. This coverage can help ensure that an uninsured or underinsured driver’s negligence doesn’t become your financial nightmare. Driving is an essential part of life in South Dakota. Unfortunately, the risk of crashing into uninsured or underinsured drivers is real and significant. For this reason, UM/UIM coverage can be an invaluable component of a comprehensive auto insurance policy. With that said, it can help to consult a trusted legal team in the event that an accident with an uninsured or underinsured driver does occur. Making this effort can help you to maximize your compensation and minimize your stress. Top of Form]]>