Have you been injured in a car accident caused by a drunk driver? If so, you may be wondering what legal rights you have. In the state of South Dakota, a drunk driver whose actions caused a crash that injured you could be liable for your accident-related injuries and losses. A Watertown drunk driving accident lawyer from Turbak Law Office, P.C. will answer your questions, evaluate your case, and discuss strategies for getting the compensation and assistance you need.
A Watertown car accident attorney could advise you about your legal options and the best way to pursue the compensation you deserve. At Turbak Law Office, P.C., our Watertown drunk driving accident lawyers have extensive experience fighting for the rights of those injured by drunk drivers. When you call our office, you’ll get a free initial consultation.
DUI in South Dakota
South Dakota law dictates that a driver is intoxicated if they have a blood alcohol concentration (BAC) of 0.08 percent or higher. However, a person can still be considered too intoxicated to drive even if their BAC is lower than 0.08 percent if they are showing visible signs of intoxication.
Being able to prove in court that the driver who caused your injuries was intoxicated can increase your chances of a successful outcome. Police reports, blood test results, and the testimony of officers on the scene can all work in your favor.
How to Prove Someone Was Liable
To succeed in your claim, you and attorney must prove that someone else caused or was mostly responsible for the accident that harmed you. To prove liability, you need to show that:
- The other driver owed you a duty of care
- They breached that duty of care
- Their breach caused your injuries
- Your injuries resulted in losses you suffered
In cases of drunk driving, this can sometimes be easier to do than in some other car accident injury cases. All drivers owe others on the road a duty of care, and the decision to drive while intoxicated is a breach of those laws.
Gathering Evidence in a Drunk Driving Accident Case
Gathering evidence is a vital part of any personal injury case. Your Watertown drunk driving accident lawyer will use evidence to prove that the other driver should be held liable. They would use it for your injuries and show the value of your claim. The following are some types of evidence we see Watertown drunk driving accident lawyers gather in drunk driving accident cases:
- Police Reports – A police report can show that the other driver was intoxicated at the time of the crash. It might include the BAC percentage they blew on a breathalyzer or the fact that they failed their field sobriety tests.
- Eyewitness Statements – Eyewitnesses may have seen the other driver drinking or visibly intoxicated before entering their vehicle leading up to the crash.
- Photos and Videos – Photos on social media could show the other driver drinking shortly before the crash. Videos from traffic cameras can show if the drunk driver was driving erratically before the crash that caused your injuries.
- Medical Records – Your medical records, including hospital stays, surgeries, prescription medications, physical therapy, and other treatments, can validate your injury claims. We can also use these documents to calculate the compensation you deserve for medical expenses.
- Expert Witnesses – Expert witnesses are professionals in diverse fields who give their opinions on parts of a case. A medical expert might give their opinion about the extent of your injuries. Or a financial advisor might give their opinion about the financial impact of your injuries.
South Dakota’s Negligence Laws
South Dakota law governs what happens when a person or entity harms someone. All motorists have an obligation to drive in a way that keeps themselves and others safe. When they fail to do so, they engage in negligent behavior. In the case of a drunk driver who caused a wreck because of their intoxication, their actions amount to negligence. That negligence makes them liable for any harm they caused.
South Dakota has laws about contributory and comparative negligence.
Contributory Negligence
South Dakota’s contributory negligence law states that those who cause harm to others are responsible for the harm they caused, regardless of whether that harm was intentional or the result of negligent actions.
In the case of a drunk driving accident, the act of driving impaired would qualify as a negligent action. A reasonable person understands that causing a crash that injures someone else is a predictable outcome of driving under the influence.
Comparative Negligence
Comparative negligence laws reduce the compensation you can receive if they determine you were partially at fault for the accident. The compensation you’re entitled to will be reduced by your percentage of fault in the accident. If you were 10% at fault for the crash that caused your injuries, you would only be able to recover 90% of your compensable losses.
For example, if you were looking at your phone instead of the road when the drunk driver hit you, experts say you would be partly at fault for the crash. Depending on the specifics of the crash, the majority of the blame may be on the drunk driver. But you may share some of the blame since you were distracted while driving.
However, today, South Dakota’s comparative negligence law is unique compared to other states. The injured party can only receive compensation if their contributing negligence was “slight” compared to the other party’s. If the injured party’s contribution was “gross,” they would be unable to obtain compensation.
What “slight” means in this context varies from case to case. To better understand how it may apply in your case, call our Watertown drunk driving accident lawyer. We’ll explain your rights and what to expect from your case.
Types of Compensation Available
Victims of drunk drivers can seek a variety of types of compensation. Economic damages compensate victims for their monetary losses. Non-economic damages compensate them for intangible losses. You could be entitled to compensation for the following types of losses:
- Medical Expenses – Your medical expenses are the costs of all medical treatments relating to your injury. Surgeries, hospital stays, prescription medication, medical devices, and physical therapy are all examples of medical expenses.
- Disability and Disfigurement – If you were disabled or disfigured as a result of the drunk driving accident, you may be able to seek additional compensation. Disability and disfigurement can include paralysis, amputation, and significant scarring.
- Lost Wages – If you have had to take time off work, are unable to work, or can only work in a limited capacity since the accident, you may be entitled to receive compensation for lost wages or lost earning potential.
- Pain and Suffering – You are entitled to compensation for the physical pain and emotional distress the accident and your injuries caused you to endure. Depending on your injuries, you may also be able to seek compensation for the loss of enjoyment of life if you are no longer able to participate in activities that brought you joy prior to the accident.
A court could also award punitive damages to an injured party. These damages are not compensation for the victim. The purpose of punitive damages is to punish the at-fault driver and deter future harmful behavior of all liable parties. The courts might impose these damages if they determine the driver’s actions were willful and wanton. This is also true if the action disregarded the safety of others, or were malicious. If the driver has a history of drunk driving convictions, that could make punitive damages more likely.
Statute of Limitations in South Dakota
The statute of limitations is a law that limits the amount of time an injured person has to file a lawsuit against the party that harmed them. In South Dakota, a person has three years from the date of the accident to file suit. If the person files their lawsuit after the deadline passes, the court can dismiss the case without a hearing. That prevents the injured party from pursuing compensation through the legal process of the court system and removes any leverage they had to entice the insurance company to offer a reasonable settlement amount.
After a drunk driving accident, it’s understandable that you want to focus on your recovery. Three years might sound like you have time to heal from your injuries before filing your claim. But those three years can go by fast.
For this reason, you should speak to a Watertown drunk driving accident lawyer as soon as you’re able. They’ll handle the investigation and legal work while managing any deadlines in your case. The earlier you get started on your case, the sooner your Watertown drunk driving accident lawyer can begin working to prove that the drunk driver was liable and ensure that you deserve maximum compensation.
Contact Our Drunk Driving Accident Attorneys in Watertown, SD
Were you injured in a car accident caused by a drunk driver in Watertown, South Dakota? If so, the experienced legal team of Watertown drunk driving accident lawyers from Turbak Law Office, P.C., is ready to help as your legal representation. For decades, we’ve been representing South Dakotans in personal injury cases, including drunk driver accidents.
Contact us today for a free legal consultation with a drunk driving accident lawyer in Watertown about your case. You’ll get to meet everyone who will work on behalf of your case and ask our legal professionals any questions about the legal process. We can also answer anything about your case specifically. Our Watertown drunk driving accident attorneys are committed to seeking the maximum compensation available to our clients. Our law firm is ready to get to work for you.