Hartford Drunk Driving Accident Lawyer

When a driver chooses to get behind the wheel after drinking, the people who pay the price are often the ones who did everything right. Hoy Law represents people in Hartford, South Dakota, and throughout Minnehaha County who have been injured, or who have lost a family member, because of an impaired driver. If you are looking for a Hartford drunk driving accident lawyer, our attorneys can explain how a civil injury claim works alongside any criminal case and what you may be able to recover.

Drunk driving crashes tend to be severe. Impaired drivers react slowly, misjudge distance and speed, drift across lanes, and run stop signs and lights. Around Hartford, that can mean wrong-way or high-speed crashes on Interstate 90, head-on collisions on two-lane roads, or late-night wrecks on Highway 38 between Hartford and Sioux Falls.

Hoy Law handles these cases on a contingency fee basis and offers a free consultation.

What Sets These Claims Apart From Ordinary Car Accident Cases

A drunk driving crash usually involves two separate legal tracks. The first is the criminal case, brought by the state against the impaired driver. The second is the civil injury claim, which belongs to you and is about compensation for your injuries and losses. You do not need to wait for the criminal case to end before pursuing a civil claim, and the civil case does not depend on whether the driver is convicted, although a conviction or guilty plea can be strong evidence.

Impairment also changes the conversation about fault. Evidence such as chemical test results, officer observations, and field sobriety testing can make liability much clearer than in a typical crash. It does not end the analysis, though. South Dakota follows a contributory negligence rule under SDCL 20-9-2. If the injured person was also negligent, recovery is still possible when that negligence was slight in comparison with the defendant’s, with damages reduced in proportion to the injured person’s contributory negligence. If it was more than slight, recovery is barred. Insurers sometimes still look for ways to blame the injured person even when the other driver was clearly drunk, so the evidence still needs to be developed carefully.

Another feature of these cases is the possibility of punitive damages. South Dakota law allows a jury to award damages for the sake of example and to punish the defendant in cases involving malice or willful and wanton misconduct. Whether punitive damages are available depends on the facts, and South Dakota requires a showing to the court before such a claim can proceed. Driving while heavily intoxicated is the kind of conduct that may support that request in the right case.

Families often ask whether the bar or person that served the driver can be held responsible. South Dakota law generally treats the consumption of alcohol, rather than the serving of it, as the legal cause of injuries caused by an intoxicated person, which sharply limits those claims. We evaluate every potential source of recovery, but the focus in most cases is on the driver and the insurance coverage available.

Proving Impairment and Fault in a Civil Case

The criminal case and the civil case rely on much of the same evidence, but they use it differently. In a civil claim, the question is whether the driver failed to use reasonable care and whether that failure caused your injuries. Proof of impairment is a strong part of that showing, and it can come from several sources:

• Chemical test results taken after the crash
• Officer observations recorded in reports and body or dash camera video
• Field sobriety test results
• Witnesses who saw the driver’s behavior before or after the crash
• Receipts, bar tabs, or other records showing where and how much the driver had been drinking
• The driver’s own statements and any plea or conviction in the criminal case

Impairment explains why a driver made a dangerous choice, but the civil case still needs to show how the crash happened. That means examining speed, lane position, braking, and the physical evidence at the scene. Building both parts of the story makes it much harder for an insurer to minimize the claim or shift blame to you.

Records from the criminal case are not always available right away, and some may be restricted while charges are pending. We follow the criminal process, request materials when they become available, and keep the civil investigation moving in the meantime so that evidence is not lost while the criminal case runs its course.

The Injuries That Define These Cases and What They Cost

Because impaired drivers often crash at speed or without braking, the injuries tend to be serious. We frequently see:

• Traumatic brain injuries and concussions
• Spinal cord injuries and fractured vertebrae
• Broken bones requiring surgery and hardware
• Internal injuries
• Severe lacerations and burns
• Emotional trauma, including anxiety about driving
• Wrongful death

The cost of these injuries extends well beyond the emergency room. A full claim may include future surgeries, therapy, lost income, reduced earning capacity, home modifications, and the pain and loss of enjoyment of life that come with a lasting injury. These losses need to be documented through medical records, treating providers, and, where appropriate, economic analysis.

Insurance is often the limiting factor. South Dakota requires minimum liability coverage of $25,000 per person, $50,000 per accident, and $25,000 for property damage, along with uninsured and underinsured motorist coverage. Impaired drivers sometimes carry only the minimum, or no insurance at all, which makes your own UM and UIM coverage especially important.

Why Hoy Law Handles These Claims Differently

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.

In a drunk driving case, we work to gather the records from the criminal investigation, including reports and test results, while independently investigating the crash itself. We track the criminal case so that any plea or conviction can be used in the civil claim. We look closely at whether the driver was working at the time, which could bring an employer’s insurance into play, and whether any other party contributed to the crash.

Our attorneys, Scott G. Hoy, Carleton R. “Tex” Hoy, James L. Hoy, Morgan Adams, Danny Ellis, and Trey D. Hubers, prepare these cases for trial. Insurers know which firms will take a case in front of a jury, and that preparation is often what moves a fair settlement offer.

What to Do After a Drunk Driving Crash in Hartford

• Call 911 and make sure law enforcement responds. Tell officers if you noticed signs of impairment, such as the smell of alcohol, slurred speech, or erratic driving before the crash.
• Get medical care right away and follow through with treatment.
• Collect information from witnesses, who may have seen how the other driver was behaving.
• Take photos of the vehicles, the scene, and your injuries if you are able.
• Keep track of the criminal case, including the case number and any court dates you are notified about.
• Avoid recorded statements to the other driver’s insurer until you have spoken with a lawyer.
• Save records of medical bills, lost work, and other costs.

Questions People Ask About Hartford Drunk Driving Accident Claims

Do I have to wait for the criminal case to finish?

No. A civil claim can move forward independently of the criminal case. In some situations it makes sense to coordinate timing, and we can advise you on that, but you do not have to wait for a verdict or plea.

What if the drunk driver is not convicted?

A civil case uses a different and lower standard of proof than a criminal case. You may still be able to prove the driver was negligent and recover damages even without a criminal conviction.

How long do I have to file a 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, so talk to a lawyer if a minor was hurt. If a death occurred, a wrongful death claim generally must be filed within three years from the date of death.

Can I get punitive damages against a drunk driver?

Possibly. South Dakota allows punitive damages in cases involving malice or willful and wanton misconduct, and a court must first find a basis for the claim. Whether that standard is met depends on the facts of your case.

Can I sue the bar that served the driver?

South Dakota law generally treats drinking, not serving, as the legal cause of injuries caused by an intoxicated person, which greatly limits claims against bars and hosts. We review the facts of each case, but most recoveries come from the driver and the available insurance.

What if the drunk driver had no insurance?

Your own uninsured motorist coverage may cover your losses. South Dakota requires this coverage on auto policies. If the driver had some insurance but not enough, underinsured motorist coverage may help.

Will my own insurance rates go up if I make a UM claim?

That depends on your insurer and your policy. We can help you understand the coverage you have and how a claim would work.

Can I still recover if I was partly at fault?

Under South Dakota’s contributory negligence rule, if your negligence was slight in comparison with the drunk driver’s, you may recover with your damages reduced in proportion. If it was more than slight, recovery is barred.

How much does it cost to hire Hoy Law?

We offer free consultations and handle drunk driving accident cases on a contingency fee basis.

Serving Hartford and Communities Across the Sioux Falls Region

Hoy Law represents drunk driving crash victims in Hartford and nearby communities including Humboldt, Crooks, Renner, Lyons, Colton, Baltic, Montrose, Tea, Brandon, and Sioux Falls. We handle cases arising on I-90, I-29, Highway 38, and the roads throughout Minnehaha and Lincoln counties, as well as across South Dakota.

Talk to a Hartford Drunk Driving Accident Attorney About Your Case

If an impaired driver hurt you or someone you love, Hoy Law can help you understand your rights and pursue accountability. Call (605) 334-8900 for a free consultation, or visit our office at 4900 S Minnesota Ave, Suite 200, Sioux Falls, SD 57108, to speak with a Hartford drunk driving accident attorney.