Were you injured in a car crash caused by a distracted driver in Watertown? Motor vehicle accidents, especially those involving criminal elements like reckless driving or DUI, can significantly affect insurance coverage, liability, and the severity of damages. You may be eligible to receive compensation for your injuries. In South Dakota, injured drivers have the legal right to file a claim against the at-fault driver’s insurance provider. Our Watertown distracted driving accident lawyer from Turbak Law Office, P.C. has decades of experience fighting for injured drivers’ rights to compensation in South Dakota.
To learn more about the legal options available, talk to the car accident lawyers of the Turbak Law Office, P.C.. Our legal professionals will evaluate your case, answer any questions, and work with you to develop an effective legal strategy.
Contributory and Comparative Negligence Laws
In South Dakota, two primary negligence laws apply to most distracted driving accident cases: contributory and comparative negligence laws. These laws determine who is responsible for the injuries caused by the vehicle accident and how accountable they are.
Contributory Negligence
South Dakota’s contributory negligence law states that any person who causes harm to another through willful or negligent actions is responsible for that harm. This law makes South Dakota an at-fault state.
In an at-fault state, those injured in accidents can file a claim for compensation with the insurance provider of the driver who caused their injuries. This differs from no-fault states, where you file the claim with your insurance provider regardless of fault.
At-fault states provide additional legal options for injured drivers after an accident caused by a distracted driver. However, the burden of proof is also on the injured driver. You have to show that the other driver’s actions were the primary cause of your injury.
Comparative Negligence
The comparative negligence law reduces the compensation you can receive by the amount you were at fault for the accident. For example, if the other driver was 90% at fault and you were 10% at fault, you could only recover 90% of the awarded compensation for your injuries.
Discussing your case with an experienced Watertown distracted driving lawyer can give you a better understanding of what compensation you can expect from your case. They can estimate how much comparative negligence might reduce compensation in your situation.
South Dakota’s version of comparative negligence has another part that makes it different from similar laws in other states. Here, the injured party’s level of negligence must be “slight” compared to the other party’s to receive compensation. How much negligence counts as “slight” will vary on a case-by-case basis. If you partially contributed to the accident, your attorney will argue that the distracted driver’s negligence was significant compared to your own.
What Role Do Insurance Providers Play?
Since you will likely file a claim against the other driver’s insurance, you may wonder what that means for your compensation. In South Dakota, all drivers need mandatory minimum coverage. This minimum coverage includes:
- $25,000 per person and $50,000 per accident for bodily injury
- $25,000 per accident for property damage
If your awarded compensation is within the at-fault driver’s coverage, their insurance will likely pay as much as they owe. In this case, you may have to seek the remainder of your compensation from the driver. This can be tricky, especially if the driver needs help to afford to pay. But an experienced distracted driving accident lawyer in Watertown can seek the total amount you deserve.
Evidence Gathering in Distracted Driving Accidents
If you don’t settle your claim with the other party and it goes to trial, your lawyer must prove two things to the jury. First, they must show that the distracted driver’s actions were the primary cause of your injuries. And second, they’ll need to show that the amount of compensation you’re asking for is reasonable for the extent of your injuries.
The primary way to do this is through presenting evidence at trial. However, the evidence-gathering process begins long before then. Your experienced attorney may gather evidence to support your version of events as soon as your initial consultation.
Police reports, eyewitness testimony, medical records, photos and videos, and expert testimony are all kinds of evidence commonly gathered in distracted driving injury cases.
How Is Evidence Used at Trial?
At trial, your attorneys may present eyewitnesses who saw the distracted driver fail to stop at a stop sign. If there were traffic cameras nearby, the footage could corroborate the eyewitness testimony.
Your Watertown distracted driving attorney may also be able to show that the distracted driver sent texts from their phone in the minutes and seconds leading up to the crash when they should have been paying attention to the road.
Then, your Watertown distracted driving accident attorney may call expert witnesses to testify about your injuries and their impact on your life. A medical professional might talk about the necessity of the treatments you underwent for your injuries. A financial advisor might speak about the economic impact of your injuries on medical costs and lost wages.
Available Compensation for Car Accident Injuries
The types of compensation available for those injured in accidents caused by distracted drivers in South Dakota fall into three categories: economic, non-economic, and punitive damages.
Economic Damages
You’re seeking compensation for economic damages that have monetary value. They include:
- Medical Expenses – Medical expenses include the cost of all medical treatments, including hospital stays, surgeries, prescription medications, medical devices, and physical therapy. The more extensive your injuries are, the higher your medical expenses tend to be.
- Lost Wages – After an accident, it is expected that some time off work will be needed to recover. And if your injuries are more severe, you may never return to work or only be able to return to work in a limited capacity. This compensation makes up for the income you’ve lost or will lose due to your injuries.
Non-Economic Damages
Non-economic damages cover the things that don’t have monetary value but for which you should still receive compensation. They include:
- Disability and Disfigurement – If you were disabled due to the accident, you could receive compensation for how your new disability will affect your life in the future. You may also be able to receive compensation for severe scarring and disfigurement caused by your injuries.
- Pain and Suffering – This compensation is for the physical pain and emotional suffering you’ve endured and may continue to endure as a result of your injuries. It can also include things like the loss of enjoyment of life if you’re unable to do the things you used to enjoy, like hiking or playing with your children.
Punitive Damages
The courts sometimes award punitive damages if the at-fault driver’s actions were particularly egregious. If the distracted driver already had multiple citations for distracted driving before the crash that caused your injuries, the judge may impose these damages.
The point of punitive damages is two-fold. First, it serves to punish the at-fault driver for their actions. And second, it serves to deter similar behavior in the future.
Statute of Limitations for Injury in South Dakota
In South Dakota, car accident injuries fall under the legal umbrella of personal injury. And in our state, the statute of limitations for most personal injury claims is three years. This means that, under normal circumstances, you have three years from the date of your injury to file your compensation claim.
If you miss this deadline, the courts may bar you from receiving financial compensation for your injuries. A car accident injury attorney can file your accident claim promptly and complete the forms correctly. It is also a good idea to speak with an attorney to make sure there aren’t any other deadlines you must abide by. Depending on the circumstances of your case, the statute of limitations may be shorter. You may also have to file different forms before you can claim.
However, you should also consider other possible deadlines. If the distracted driver who caused your injuries is an employee of a public entity, the three-year statute of limitations isn’t the only deadline you must be aware of. You must also submit a written notice outlining your injury’s time, place, and cause. A Watertown distracted driving accident lawyer can take care of this for you.
Distracted Driving Accident Attorneys in Watertown, SD
If you’ve been injured by the actions of a distracted driver in Watertown, South Dakota, contact the Turbak Law Office, P.C. for a free consultation. During your initial consultation, you’ll meet the lawyers working on your case and can ask any questions you have about your case or the personal injury legal process.
Our team is dedicated to fighting for the right to compensation for those injured due to the negligent actions of others. You’ve already unfairly paid for their actions with your injuries – get the compensation you deserve. It would be best if you didn’t have to pay for them financially, too. Seek our skilled and experienced legal representation for your motor vehicle accident in Watertown. Our law firm specializes in handling complex legal cases involving motor vehicle accidents, including those with criminal elements like reckless driving or DUI. Contact us today for a free consultation and to get started on your claim with a Watertown distracted driving accident lawyer.