Heidepriem, Purtell, Siegel & Hinrichs, LLPHPS Law Firm2024-02-15T22:53:19Zhttps://www.hpslawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1203442/2021/03/cropped-hps-site-icon-32x32.jpgOn Behalf of Heidepriem, Purtell, Siegal, Hinrichs, LLPhttps://www.hpslawfirm.com/?p=478002023-12-27T14:54:05Z2023-12-27T14:54:05ZInsurance coverage
Every driver in South Dakota typically needs to pay for liability insurance. Their policy can reimburse other people for property damage losses and injury-related expenses after a collision. Of course, insurance claims are subject to rules about coverage, including the policy limits set by the driver at fault for the crash. It is unfortunately relatively common for people to only carry the insurance that the state requires, which may not do enough to cover crash costs, especially if there are major medical expenses or lost wages.
A lawsuit against an at-fault driver
Litigation can be a way for people to seek justice after drunk driving collisions in South Dakota. Regardless of whether the state prosecuted the drunk driver, the other people involved in the crash may have the option of filing a personal injury lawsuit against the impaired motorist. Unlike insurance, which has strict limits for what people can recover, lawsuits can potentially lead to full reimbursement for all economic losses triggered by a drunk driving collision.
A lawsuit against a business
Unfortunately, South Dakota does not have a dram shop liability law. In other states, it is sometimes possible to take legal action against bars or restaurants that provide alcohol to underage patrons or someone already quite visibly intoxicated. While people cannot file dram shop lawsuits in South Dakota, there could be a different business with liability for the incident.
Vicarious liability rules make a business responsible for the negligence and misconduct of workers who are on the clock. For example, if an employee drives while drunk on the job, especially if they are in a vehicle owned by the business, people harmed by that drunk driver could take legal action against the employer. Companies tend to have more assets than individuals, which makes a lawsuit against a business a better option in some cases than taking legal action against the drunk driver directly.
Ultimately, seeking legal guidance and exploring every option for financial compensation may benefit those injured in a crash caused by a drunk driver in South Dakota.
]]>On Behalf of Heidepriem, Purtell, Siegal, Hinrichs, LLPhttps://www.hpslawfirm.com/?p=477942023-11-10T16:17:15Z2023-11-10T16:17:15Z you can access it here.]]>On Behalf of Heidepriem, Purtell, Siegal, Hinrichs, LLPhttps://www.hpslawfirm.com/?p=477922023-10-23T12:52:11Z2023-10-23T12:52:11ZThe dangers of tailgating
One of the most apparent dangers of tailgating is that it significantly reduces the reaction time of a tailgater. When a driver follows another vehicle too closely, they will have minimal time to react if the vehicle in front suddenly brakes or encounters an obstacle. This reduced reaction time can result in rear-end collisions, common in tailgating scenarios.
Tailgating also substantially increases the risk of accidents. When a tailgater is too close to the vehicle in front of them, any sudden stop or maneuver can lead to a collision. This endangers not only the tailgater but also the driver being tailgated. Not to mention that when a vehicle is too close to the one it is following, a tailgater's field of vision becomes particularly limited. This makes it difficult to anticipate changes in traffic flow or obstacles on the road, further increasing the likelihood of an accident.
Tailgating can trigger chain reactions in traffic. If a tailgater rear-ends the vehicle in front of them due to reduced reaction time, this situation can lead to a domino effect of collisions involving other vehicles. This is why tailgating is a primary factor in so many multi-car pile-ups.
Preventing tailgating
Maintaining a safe following distance is one of the best ways to help prevent tailgating accidents. The general rule is to stay at least one car length away for every ten miles per hour you are driving. For example, if you are traveling 60 miles per hour, you should be six car lengths behind the vehicle in front.
Practicing defensive driving techniques can also help you avoid tailgaters. This includes:
Staying in the right lane whenever possible
Using turn signals
Avoiding aggressive driving behaviors
If you are being tailgated by another vehicle, remaining calm is crucial. Avoid engaging with the aggressive driver, and don't brake check them, as this can escalate the situation. Instead, change lanes when it's safe and let the tailgater pass.
It's important to remember that safe and responsible driving falls on every driver on the road. As such, you can generally hold tailgaters accountable if their aggressive behavior on the road inspires an injurious accident.]]>On Behalf of Heidepriem, Purtell, Siegal, Hinrichs, LLPhttps://www.hpslawfirm.com/?p=477912023-09-10T23:21:58Z2023-09-10T23:21:58ZSome troubling numbers
According to one survey, South Dakota has the second highest vehicle fatality rate among teens in the country. (Our neighbors to the west in Wyoming come in first.) Specifically, South Dakota has a fatality rate of 36.8 per 100,000 teens.
When looking at underage DUI rates, South Dakota experiences 130 DUI arrests for every 100,000 teens. While drinking and then driving can be highly dangerous for anyone of any age, it’s especially dangerous for teen drivers who have had relatively little experience behind the wheel and whose brains are still developing.
Who is responsible when a teen causes a crash?
Statistics are enlightening. However, the only case that really matters is yours if you or a loved one is injured or worse in a crash caused by a teen driver. Typically, teen drivers are covered on their parents’ car insurance policies. However, that insurance may not be enough to cover an injury victim’s medical bills and other expenses after a crash for which a teen is responsible.
South Dakota law states that parents have liability for “personal injury, through any malicious and willful act of a minor child under the age of eighteen years while residing with the child's parents.” The dollar limit on damages that can be recovered ($2,500 plus court costs), “does not apply to damages proximately caused through the operation of a motor vehicle by the minor child.”
Laws concerning parental liability for injuries and damages caused by teens vary somewhat among states. That’s why it’s important to understand state laws and the options available to you if you suffer injuries caused by someone else – regardless of that person’s age. Seeking experienced legal guidance after a serious car crash can help you better understand your rights and options accordingly.]]>On Behalf of Heidepriem, Purtell, Siegal, Hinrichs, LLPhttps://www.hpslawfirm.com/?p=477882023-12-12T16:29:02Z2023-08-21T16:45:50ZDo not agree to bypass reporting rules
One of the more manipulative ways that people respond to a crash is to appeal to someone's sense of sympathy. They might exclaim that they cannot afford an increase in their insurance rate or worry that they will lose commercial driving privileges because of a car crash in their own vehicle. They may then try to convince the other party involved in the wreck that the best option would be to settle the matter privately and not report it to authorities. Without an official police report, which is necessary by law if people get injured or there is $1,000 in property damages, it can be much more challenging to pursue compensation.
Don't move on as though nothing happened
A surprising number of people involved in crashes that require major vehicle repairs seem to think that their bodies won't have any major consequences from the wreck. They may not know that many injuries that people experience after a crash, including whiplash, brain injuries and internal bleeding, are not easy to identify. Especially in the moments right after a crash, someone may not yet have any major symptoms. Those that obtain a proper medical evaluation can get timely treatment and can more easily prove that the injuries came from the crash.
Don't accept the first settlement as the best offer
Insurance companies are in business to make money, which means that they want to limit their liability after a wreck. Having someone sign a settlement agreement or cash a check generally absolves the insurance company of future obligations related to that collision. Therefore, those involved in a crash will typically want to have a rough estimate of their actual current expenses and likely future expenses to more effectively evaluate what the insurance company offers to pay them. Those who get the right help after a crash may have an easier time avoiding those mistakes that can leave some people without the financial support they require when they have injuries and lost wages caused by a crash.
Knowing and avoiding the mistakes that people frequently make after a wreck may benefit anyone who has been injured in a significant collision.]]>On Behalf of Heidepriem, Purtell, Siegal, Hinrichs, LLPhttps://www.hpslawfirm.com/?p=477392023-07-21T00:27:30Z2023-07-21T00:27:30ZWhen a business is somehow negligent
Property owners and businesses have to protect themselves from premises liability. That is the legal and financial responsibility they may have for injuries that people suffer on their property. Most premises liability claims related to a slip-and-fall incident will depend on claims of negligence. Negligence is broadly described as doing something that was unsafe or failing to do something that reasonable people recognize as necessary for the safety of others.
Not putting down rugs near the entrance during a rainstorm could be one example of negligence. Failing to keep adequate staff on hand to clean up spills when they occur is also arguably negligence. So would be intentionally delaying maintenance and repairs that would have prevented the situation that led to someone's fault.
Those who believe negligence played a role in their injury can use the reasonable person standard to begin evaluating their situation and estimating their likelihood of a successful claim. If a reasonable person would recognize that the business did something unsafe or failed to do something necessary for public safety, then there is likely a decent chance of a successful premises liability claim based on the company's negligence.
Most of the time, companies have premises liability insurance either as supplemental coverage or rolled into their general business policy. That insurance or possibly the business's resources can compensate those injured and in need of funds to pay for medical bills and cover their lost wages. Recognizing when a business may be liable for a slip-and-fall incident can inspire people to seek both legal guidance and appropriate compensation for their injuries.]]>On Behalf of Heidepriem, Purtell, Siegal, Hinrichs, LLPhttps://www.hpslawfirm.com/?p=477202023-06-19T13:14:09Z2023-06-19T13:11:31ZCar accidents can be highly stressful and challenging experiences, especially when it comes to determining liability and seeking compensation for damages. Understanding how liability works is crucial if you’ve been involved in a car accident.
Keep scrolling to delve into the intricacies of car accident liability in South Dakota; the following tips can help you navigate this often complex legal landscape.
Understanding fault in South Dakota
In South Dakota, car accident liability is primarily determined based on fault. This means that the party responsible for causing the accident is typically held liable for the resulting damages.This is because South Dakota follows a modified comparative negligence rule. However, a plaintiff can only recover damages if they are blameless for the wreck or if their fault was slight and the defendant’s fault was gross. This is called the slight-gross negligence and can limit the compensation you may recover in a motor vehicle accident claim.
Negligence and contributory factors
When determining liability in a car accident case, it’s essential to establish negligence by the at-fault party. Negligence refers to the failure to exercise reasonable care, thereby causing harm to another person. For instance, if the at-fault driver violated traffic laws leading up to the accident, such as running a red light or failing to yield the right of way, it can significantly strengthen your case. Violations of traffic laws demonstrate a clear disregard for the safety of others on the road and are acts of negligence.Aside from traffic law violations, distracted driving has also become a significant cause of car accidents in recent years. If the at-fault driver was distracted by texting, talking on the phone or engaging in any other activity that took their attention away from the road, it could establish negligence.Driving under the influence of alcohol or drugs and reckless driving can also cause accidents. Reckless driving encompasses behavior such as:
Aggressive driving
Excessive speeding
Erratic lane changes
Car accident liability in South Dakota is primarily determined based on fault. However, the state’s slight-gross negligence rule also plays a significant role in determining compensation, which is why it’s wise to have experienced legal guidance.]]>On Behalf of Heidepriem, Purtell, Siegal, Hinrichs, LLPhttps://www.hpslawfirm.com/?p=477112023-05-17T13:54:33Z2023-05-17T13:54:33ZIssues involving defective design
When companies fail to consider the way that consumers might handle a product, the design may not actually meet rigorous safety standards. Design issues can range from a product that fails unexpectedly after minimal external damage to products that do not function as they should in an emergency, such as when airbags explode during deployment during a collision. Design errors can often lead to catastrophic product failure, which can have major consequences for the individual affected.
Chemical or bacterial contamination
There are multiple kinds of contamination that can lead to consumer safety concerns. For example, in recent years, there have been multiple recalls of medications due to the presence of known carcinogens along with the active ingredient. There have also been several large consumer safety lawsuits filed against manufacturers because health and beauty products, including makeup and bath products, had detectable levels of asbestos contamination. Contamination can lead to infection, cancer and other forms of severe illness.
Defective workmanship
Sometimes, the overall design for a product is solid, but there are production runs of the product that do not meet the standards established by the company releasing the product. Mistakes by workers on a fabrication line or materials that do not meet the company's standards could lead to involving a product that might be safe in most cases being unsafe because of errors during the production process. Consumers might trust the products because of the brand reputation and end up severely hurt as a result.
Even when manufacturers issue a recall because of product defects, consumers can still end up hurt or sometimes dead as a result of product challenges. Seeking legal guidance to pursue a product liability claim can compensate those who have been sickened or injured by a poorly designed or poorly manufactured product.
]]>On Behalf of Heidepriem, Purtell, Siegal, Hinrichs, LLPhttps://www.hpslawfirm.com/?p=477092023-04-17T15:31:59Z2023-04-17T15:31:59Z1. Video footage
There are more cameras than ever recording roads, front yards, parking lots and intersections. Traffic cameras, security systems and even dashboard cameras in vehicles may capture either the collision as it occurs or the moments leading up to the wreck.
Looking for sources of video footage should be something that police officers do, but the drivers involved in a crash could alert them to likely sources of footage to ensure officers don't overlook anything.
2. Witness statements
Whether there was someone directly behind a vehicle that saw the entire crash or pedestrians feet away at an intersection, there could be people who witness the collision and can explain to a police officer how one driver complied with traffic laws and the other did something clearly illegal or unsafe. Although witness statements are not as authoritative as camera footage, they can certainly help someone prove that the other driver was at fault for the crash.
3. A collision recreation
There are forensic specialists who work independently or with insurance companies and police departments that can reverse engineer a collision with the right information.
Video or pictures of the scene of the crash, the placement of the vehicles and the damage that they suffered could help either skilled professionals or specialized software show what very likely occurred to cause the collision. When expert analysis affirms someone's claims that the other driver did something unsafe or illegal, that will help them move forward with an insurance claim or lawsuit.
Establishing who is at fault for a motor vehicle collision with the assistance of an experienced legal professional is a crucial first step for those who deserve compensation after a wreck.]]>On Behalf of Heidepriem, Purtell, Siegal, Hinrichs, LLPhttps://www.hpslawfirm.com/?p=477082023-03-27T20:08:49Z2023-03-27T20:08:49ZSouth Dakota drug courts, which are a form of problem-solving court, could be a viable solution.
How do the drug courts work?
Those accused of non-violent drug offenses in South Dakota can request to have their cases hurt in drug court instead of criminal court. Rather than pleading innocent and trying to defend against the charges, the defendant will ask the courts for support in their efforts to overcome their addiction.
Drug court proceedings last longer than a basic criminal trial in South Dakota and will require that someone undergo treatment for their substance abuse disorder. They will need to have frequent meetings with court officials and agree to perform randomized drug tests. If someone successfully abides by the rules set by the drug courts, they can avoid a criminal conviction, standard criminal penalties and a lifetime criminal record.
Additionally, the treatment that they undergo might actually help them improve their physical and emotional health by regaining control over their substance abuse disorder. The Minnehaha County Courthouse houses the Second Judicial Circuit Drug Court. Since 2011, the local drug courts have helped those struggling with addiction regain control over their lives and avoid a permanent criminal record.
Those who qualify for and successfully complete drug court in South Dakota will avoid criminal penalties while hopefully also overcoming their substance abuse disorder. Exploring pretrial diversion like drug court proceedings is one potentially viable approach to handling pending South Dakota drug charges, although it is important for those who have been accused of wrongdoing to fully explore their rights and options with the assistance of a legal professional before committing to a legal strategy one way or the other.]]>