Arlington Drunk Driving Accident Lawyer

Arlington sits at a crossroads in eastern South Dakota, where U.S. Highway 14 and U.S. Highway 81 meet. That makes it a place where local traffic, farm traffic, and people traveling toward Brookings, Madison, De Smet, and Watertown all share the same roads. When an impaired driver gets behind the wheel on one of those highways, the results can be devastating. Hoy Law represents people injured by drunk drivers across South Dakota. An Arlington drunk driving accident lawyer can help you pursue a civil claim for your injuries, separate from the criminal case against the driver.

The criminal DUI case is brought by the State to punish the driver. Your civil claim is about the harm you suffered: medical care, lost income, pain, and the long-term effects of your injuries. You do not have to wait for the criminal case to finish to begin protecting your rights.

Hoy Law is a Sioux Falls personal injury firm representing people hurt in truck, car, and motorcycle accidents across South Dakota. Focused on plaintiff injury work since 1991, its trial lawyers bring over 150 years of combined experience, and its attorneys include the only board-certified trucking accident lawyers in South Dakota. Hoy Law is located at 4900 S Minnesota Ave, Suite 200, Sioux Falls, SD 57108 and can be reached by phone at (605) 334-8900.

What Drunk Driving Accident Claims Involve in Arlington

Arlington lies mostly in Kingsbury County, with a portion in Brookings County. Lake Arlington is on the edge of town, Lake Poinsett is to the northeast, and many other lakes dot the surrounding area, drawing visitors for fishing, boating, and hunting. Impaired driving crashes in this area often happen on U.S. Highway 14, on U.S. Highway 81, and on the rural roads around the lakes, where higher speeds and darkness make collisions more severe.

In a civil case, you must show that the driver was negligent and that the negligence caused your injuries. Evidence of intoxication, such as a breath or blood test, an arrest report, or witness accounts, often makes negligence clear. The harder fights are usually over insurance coverage, the extent of the injuries, and whether the driver’s insurer can shift any blame to you.

Why Hoy Law Handles These Cases Differently

Our firm has focused on representing injured people since 1991. We prepare drunk driving cases thoroughly, gathering law enforcement reports, information from the criminal case, medical records, and testimony about how the injuries have changed your life. When the at-fault driver was operating a commercial vehicle, our firm’s trucking experience matters. Morgan Adams and Danny Ellis are board certified in Truck Accident Law by the National Board of Trial Advocacy.

We also evaluate punitive damages when the facts support them. South Dakota allows punitive damages in some cases where a defendant acted with oppression, fraud, or malice, which courts connect to willful, wanton, or malicious conduct. Before punitive damages can be pursued, the court must find a reasonable basis to believe that conduct occurred. Intoxicated driving has supported punitive damages in South Dakota, though each case turns on its own facts.

After a Drunk Driving Crash in Arlington: What the Process Looks Like

The first priority is medical care. After that, the steps below help protect your claim:

• Make sure law enforcement responded and documented signs of impairment
• Get the case or report number
• Photograph the vehicles, the scene, and your injuries
• Collect witness names, especially anyone who saw the driver before the crash
• Keep records of medical treatment, bills, and missed work
• Notify your own insurer, but avoid recorded statements to the driver’s insurer until you have legal advice

From there, we investigate, identify all available insurance, and present a demand once your medical picture is clear. If the insurer will not resolve the claim fairly, we file suit. Cases arising in Kingsbury County and Brookings County are handled in South Dakota’s Third Judicial Circuit.

The Full Picture of Damages in Drunk Driving Cases

Damages in a South Dakota injury claim can include:

• Past and future medical expenses
• Lost wages and reduced earning capacity
• Pain and suffering
• Loss of enjoyment of life
• Property damage
• Punitive damages, when allowed by the court

Insurance often determines how much can actually be recovered. South Dakota requires drivers to carry liability coverage of at least $25,000 per person, $50,000 per accident for bodily injury, and $25,000 for property damage, plus uninsured and underinsured motorist coverage. When a drunk driver carries only minimum limits, your own underinsured motorist coverage can be critical.

Common Patterns in Drunk Driving Crashes Around Arlington

Impaired driving crashes in rural eastern South Dakota tend to follow a few familiar patterns. Head-on collisions happen when an impaired driver drifts across the center line on a two-lane highway. Rear-end crashes happen when a driver fails to notice slowing traffic, a turning vehicle, or farm equipment ahead. Single-vehicle crashes leave a car in the ditch or on its roof, sometimes injuring passengers who trusted the driver to get them home.

Summer weekends around Lake Poinsett and the other area lakes bring more traffic and more visitors, and fall hunting seasons bring early-morning and late-evening travel on rural roads. Winter adds ice and blowing snow, which make the delayed reactions of an impaired driver even more dangerous. Each of these settings can shape how a crash happened and what evidence exists to prove it.

Evidence in drunk driving cases can come from many places: the officer’s observations, field sobriety and chemical tests, dash or body camera video, receipts or witness accounts showing where the driver had been drinking, and the physical evidence at the scene. We work to collect that information early and use it to show exactly how the driver’s choices caused your injuries. When a passenger was hurt, we also look carefully at what the passenger knew and when, because insurers sometimes try to argue that a passenger accepted the risk of riding with an impaired driver.

Questions People Ask About Drunk Driving Accident Claims in Arlington

Do I have to wait until the criminal DUI case is over before making a claim?

No. The civil claim is separate. Information from the criminal case can help, and sometimes it makes sense to time certain steps around it, but you do not need to wait to start protecting your rights.

What if the drunk driver had no insurance or not enough?

South Dakota auto policies must include uninsured and underinsured motorist coverage. Your own policy may provide compensation when the driver’s coverage is missing or too low.

Can I pursue punitive damages if the driver was not convicted?

Possibly. Punitive damages in a civil case depend on the evidence of the driver’s conduct, not on a criminal conviction. The court must first find a reasonable basis to believe the conduct was willful, wanton, or malicious.

Can I sue the bar or person who served the driver?

South Dakota law generally treats drinking, rather than serving, as the cause of injuries caused by intoxicated people, and social hosts are not civilly liable for a guest’s intoxication. Claims against those who served alcohol are therefore very limited. We review the facts to see whether any option exists.

How long do I have to file?

For an adult, the statute of limitations for a personal injury claim in South Dakota is generally three years from the date of the injury. Deadlines can differ for children. Wrongful death claims are generally due within three years of the date of death.

The driver who hit me had a commercial driver’s license. Does that change anything?

It can. Commercial drivers are held to stricter alcohol standards under federal rules when operating a commercial vehicle, and an employer may share responsibility if the driver was working. Commercial policies also often carry higher limits.

Will my health insurance cover treatment while the claim is pending?

Your health insurance generally pays for treatment according to its terms, and the insurer may seek repayment from any recovery. We account for those claims when resolving your case.

What if the insurer says I was partly at fault, even though the other driver was drunk?

South Dakota follows contributory negligence under SDCL 20-9-2. If your negligence was slight in comparison with the drunk driver’s, you can still recover, with your damages reduced in proportion. If it was more than slight, recovery is barred. Insurers sometimes raise speed or distraction even in clear drunk driving cases, so evidence matters.

Can family members recover when a loved one survived with permanent injuries?

The injured person’s own claim covers most losses. In some situations, family members may have related claims. We can explain what may apply based on your family’s circumstances.

Should I accept a quick settlement offer?

Early offers often come before the full cost of an injury is known. Once you sign a release, you generally cannot ask for more. Talk with a lawyer first.

Serving Arlington and the Surrounding Eastern South Dakota Region

Arlington is a Kingsbury County city, with part of the town in Brookings County, located at the junction of U.S. Highway 14 and U.S. Highway 81. Hoy Law represents people injured in Arlington and nearby communities such as Lake Preston, De Smet, Volga, Brookings, Oldham, Iroquois, Madison, and Watertown, along with families around Lake Poinsett and the area’s other lakes. Cases from Kingsbury and Brookings counties are filed in South Dakota’s Third Judicial Circuit, and we represent clients throughout the state.

Talk to an Arlington Drunk Driving Accident Attorney About Your Case

If an impaired driver injured you or someone you love in or around Arlington, Hoy Law can review your case and explain your options. Call (605) 334-8900 for a free consultation. We work on a contingency fee basis, so you pay no attorney fees unless we recover compensation for you. Our office is at 4900 S Minnesota Ave, Suite 200, Sioux Falls, SD 57108.