Buffalo Drunk Driving Accident Lawyer

Hoy Law represents people across South Dakota who have been hurt by impaired drivers, including crash victims in and around Buffalo, the Harding County seat in the far northwest corner of the state. A Buffalo drunk driving accident lawyer can help you hold the impaired driver accountable, deal with the insurance companies, and pursue the full compensation South Dakota law allows.

Drunk driving crashes are not accidents in the ordinary sense. They happen because someone chose to drive after drinking or using drugs. On the long two-lane highways that serve Buffalo, including US Highway 85 and South Dakota Highway 20, an impaired driver traveling at highway speed can cross the center line or miss a curve with devastating results. The injuries from these crashes are often severe, and the families affected deserve a careful, thorough response.

Even when the other driver is arrested and charged, the criminal case does not compensate the people who were hurt. A civil injury claim is a separate process, with its own rules, deadlines, and evidence, and it is the path to recovering medical expenses, lost income, and the other losses a drunk driving crash causes.

What a Drunk Driving Crash Victim Is Actually Up Against

It might seem that a drunk driving claim would be simple. The other driver was impaired, so the insurer should pay. In practice, these claims are often contested. Insurers may argue about the extent of the injuries, question whether all of the medical treatment was necessary, or look for any detail that lets them shift some of the blame to the injured person.

That last point matters a great deal in South Dakota. The state follows a contributory negligence rule under SDCL 20-9-2. An injured person’s own negligence does not bar recovery if it was slight in comparison with the negligence of the defendant, and in that case damages are reduced in proportion to the injured person’s contributory negligence. If the injured person’s negligence is found to be more than slight, recovery is barred. Even in a case involving an impaired driver, an insurer may try to argue that the injured person was speeding, distracted, or slow to react.

Insurance limits are another hurdle. South Dakota’s minimum liability coverage is $25,000 per person, $50,000 per accident, and $25,000 for property damage. A serious drunk driving crash can easily produce losses far beyond those amounts. South Dakota also requires uninsured and underinsured motorist coverage, and that coverage on your own policy can become a key source of recovery when the impaired driver is underinsured or has no insurance at all.

Injuries and Liability Situations in Drunk Driving Crashes

Because impaired drivers often fail to brake, drift into oncoming lanes, or drive at high speed, drunk driving crashes tend to cause serious harm. Common injuries include:

• Traumatic brain injuries and concussions
• Spinal cord injuries
• Broken bones and crush injuries
• Internal injuries
• Severe lacerations, burns, and scarring
• Injuries that lead to the death of a loved one

Liability can also extend beyond the driver in some cases. If the impaired driver was working at the time, such as driving a company truck or making a delivery, the employer may share responsibility. If the vehicle was owned by someone else, the circumstances of how the driver came to be using it may matter. Each case depends on its own facts.

Some states allow injured people to bring claims against bars and restaurants that served an intoxicated driver. South Dakota’s law is different. By statute, South Dakota treats the consumption of alcohol, rather than the serving of it, as the proximate cause of injuries inflicted by an intoxicated person. That is one reason an early review of every potential source of recovery, including insurance coverage on your own policy, is so important in a South Dakota drunk driving case.

After a Drunk Driving Crash Near Buffalo, Protect Your Claim Early

Evidence in a drunk driving case can be strong, but it has to be gathered and preserved. Important evidence may include the law enforcement crash report, arrest records, chemical test results, witness statements, photographs of the scene, and vehicle data. In rural Harding County, where traffic is light and witnesses may be few, each piece of evidence carries extra weight.

If you have been hurt, these steps can help:

• Get medical care right away and follow through with treatment.
• Keep a record of every medical visit, prescription, and expense.
• Write down what you remember about the crash while it is fresh, including anything the other driver said or did.
• Keep track of time missed from work and tasks you can no longer do.
• Avoid giving a recorded statement to the other driver’s insurer before speaking with a lawyer.
• Avoid posting about the crash or your injuries on social media.

Time limits apply. 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. If a drunk driving crash took the life of a family member, a wrongful death claim generally must be brought within three years from the date of death. Deadlines can differ for children, and claims involving a public entity require written notice within 180 days, so it is best to talk with a lawyer early.

Punitive Damages in Drunk Driving Crash Cases

In most injury cases, damages are meant to compensate the injured person for what was lost. South Dakota law also allows a jury, in certain cases not arising from a contract where the defendant has been guilty of oppression, fraud, or malice, actual or presumed, to award punitive damages to make an example of and punish the defendant. Whether punitive damages can be pursued depends on the facts and on procedural requirements a court must find satisfied before the claim moves forward.

When the evidence supports it, a punitive damages claim can change how an insurer and the defense view a case. Hoy Law evaluates each drunk driving case to determine whether that claim is appropriate.

Compensatory damages in a drunk driving case may include medical expenses, lost wages and earning capacity, pain and suffering, loss of enjoyment of life, permanent impairment, and property damage.

How the Criminal Case Can Help the Civil Claim

When law enforcement investigates a suspected drunk driver, it often creates records that can be valuable in the injury claim, such as the crash report, observations of the driver at the scene, field sobriety testing, and chemical test results. If charges are filed, the court record may contain additional information. A lawyer can request these materials and use them, together with an independent investigation, to establish responsibility.

The injured person does not control the criminal case, and its timing may not match the civil claim. Protecting the civil claim means meeting its own deadlines and preserving its own evidence, regardless of where the criminal case stands.

Questions People Ask About Drunk Driving Accident Claims in South Dakota

Does the driver have to be convicted before I can file a claim?

No. The criminal case and the civil injury claim are separate. A conviction can be helpful evidence, but a civil claim can move forward whether or not the criminal case has ended, and the standard of proof in a civil case is different.

How long do I have to file a drunk driving injury claim?

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. Talking with a lawyer early helps protect evidence and avoid deadline problems.

Can I sue the bar that served the drunk driver?

South Dakota law treats the consumption of alcohol, not the serving of it, as the proximate cause of injuries caused by an intoxicated person. That generally limits claims against businesses that served the driver. An attorney can review the facts to identify every potential source of recovery that does exist.

What if the drunk driver had little or no insurance?

South Dakota requires uninsured and underinsured motorist coverage. If the impaired driver’s coverage is not enough, your own UM or UIM coverage may provide additional compensation.

Can the insurer blame me even though the other driver was drunk?

Insurers sometimes try. Under South Dakota’s contributory negligence rule, your negligence does not bar recovery if it was slight in comparison with the defendant’s, though damages are reduced in proportion to it. If it was more than slight, recovery is barred. A careful investigation helps answer these arguments.

Are punitive damages available in drunk driving cases?

They may be in some cases. South Dakota allows punitive damages where a defendant is guilty of oppression, fraud, or malice, actual or presumed, and a court must allow the claim to proceed. Whether that applies depends on the facts.

What if a family member was killed by a drunk driver?

The family may have a wrongful death claim. In South Dakota, it is brought by the personal representative of the estate for the benefit of the surviving family, and it generally must be filed within three years from the date of death.

Should I talk to the drunk driver’s insurance company?

You may be contacted soon after the crash. It is wise to avoid giving a recorded statement or signing anything until you have spoken with a lawyer.

What does it cost to hire Hoy Law?

The consultation is free, and drunk driving injury cases are handled on a contingency fee basis. There is no attorney fee unless the firm recovers compensation for you.

Drunk Driving Accident Representation Across Northwest South Dakota

Hoy Law represents drunk driving crash victims in Buffalo and throughout Harding County, including Camp Crook, Reva, and Ludlow. The firm also represents clients along US-85 toward Belle Fourche, along SD-20 into Perkins County communities such as Prairie City and Bison, and across the rest of South Dakota.

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.

Talk to a Buffalo Drunk Driving Accident Attorney at Hoy Law

If you or a loved one was hurt by an impaired driver near Buffalo, a Buffalo drunk driving accident attorney at Hoy Law can review your situation, explain your options under South Dakota law, and help you take the next step. Call (605) 334-8900 for a free consultation. There is no fee unless the firm recovers compensation for you.