Aberdeen Drunk Driving Accident Lawyer
Drunk driving crashes devastate families across Aberdeen every year. When someone chooses to drive under the influence, they put innocent people at serious risk. These preventable accidents often result in severe injuries, property damage, and emotional trauma that can last for years.
South Dakota takes drunk driving seriously, with strict penalties for those who violate the law. However, criminal charges against the drunk driver do not automatically provide compensation for victims. You need experienced legal representation to pursue the financial recovery you deserve. Contact our experienced Aberdeen drunk driving accident lawyers today.
Legal Limits and Liability in South Dakota
South Dakota law establishes clear blood alcohol concentration limits. Drivers with a BAC of 0.08% or higher face DUI charges. Commercial drivers have a lower threshold at 0.04%, while drivers under 21 cannot have any measurable alcohol in their system.
When a drunk driver causes an accident, they become liable for all resulting damages. This includes medical expenses, lost wages, pain and suffering, and property damage. South Dakota follows a comparative negligence system, meaning victims can still recover compensation even if they bear some responsibility for the accident.
Types of Injuries in Drunk Driving Crashes
Alcohol impairs reaction time, judgment, and coordination. Drunk drivers often cause more severe accidents because they cannot respond appropriately to road conditions. Common injuries include:
- Traumatic brain injuries
- Spinal cord damage
- Broken bones and fractures
- Internal organ damage
- Severe lacerations and burns
These injuries frequently require extensive medical treatment, rehabilitation, and long-term care. The financial burden can quickly overwhelm families already dealing with physical and emotional recovery.
Proving Negligence in Aberdeen DUI Cases
Establishing liability in drunk driving cases requires thorough investigation and evidence collection. Police reports often contain crucial information about field sobriety tests, breathalyzer results, and officer observations. Hospital blood tests can also provide evidence of intoxication.
Witness statements help reconstruct the accident scene and demonstrate the drunk driver’s behavior before the crash. Video surveillance from nearby businesses or traffic cameras may capture the actual collision or erratic driving patterns leading up to it.
Time Limits for Filing Claims
South Dakota imposes a three-year statute of limitations for personal injury claims arising from drunk driving accidents. This deadline begins from the date of the accident or when injuries are discovered. Missing this deadline typically prevents victims from recovering any compensation.
Insurance companies often delay settlement negotiations, hoping victims will miss important deadlines or accept inadequate offers. Early legal intervention protects your rights and ensures proper case development within required timeframes.
Working with Insurance Companies
Drunk driving cases often involve multiple insurance policies. The at-fault driver’s liability coverage should provide primary compensation, but policy limits may not cover all damages in serious accidents. Your own uninsured or underinsured motorist coverage can provide additional protection.
Insurance adjusters will try to minimize payouts, even in clear-cut drunk driving cases. They may question injury severity, dispute medical necessity, or argue about fault allocation. Having skilled legal representation levels the playing field and protects your interests throughout negotiations.
Get in Touch With Us Today
Aberdeen residents deserve justice after drunk driving accidents. Our Aberdeen drunk driving accident lawyers know how to build strong cases that hold negligent drivers accountable for their actions. Contact Hoy Law today to discuss your legal options and begin the path toward recovery.
