We call them “accidents” because they so rarely happen intentionally.
But the truth of the matter is that the vast majority of traffic collisions are the fault of one or more parties who act negligently or irresponsibly, which too often results in serious or fatal injuries suffered by innocent victims.
If victims and families only had to pursue the other driver, justice could be served more often in a simple and timely fashion. Unfortunately, victims and families are left to deal with insurance adjusters, their investigators, and legal and medical experts employed by the nation’s largest insurance carriers. Their primary goal is to limit your ability to collect all of the damages to which you are entitled. The more serious your claim, the more senior and experienced the team arrayed against you at the outset.
At Hoy Law, we believe victims and families deserve immediate access to an experienced car accident lawyer in Sioux Falls who is capable of moving quickly to protect their rights. That’s why we offer free and confidential consultations to discuss your rights.
Car Accident Lawsuits
The most common causes of car accidents include:
- Distraction
- Speeding
- Intoxication
- Moving Violations
- Drowsy driving
- Side effects of medication
However, insurance companies will determine causation independent of law enforcement at the scene. Victims are often shocked to find an insurance company disagrees with an officer’s determination, or even citations issued at the scene of a crash. That’s another reason why it’s important to seek experienced legal help at the outset of your claim.
To prevail in an auto accident claim in South Dakota, a victim must prove five elements: That a defendant owed a duty of care, that he/she breached that duty, that the breach resulted in injuries, that such injuries were foreseeable (proximate cause), and that actual damages resulted in the form of economic and non-economic harm.
Your Sioux Falls car accident injury lawyers will work in three areas:
- Liability: South Dakota’s mandatory minimum bodily injury coverage of just $25,000 is often insufficient to compensate victims for injuries. Other liable parties may include the driver or owner of the vehicle, other insurance parties in the household, the victim’s own insurance policy through an uninsured/underinsured motorist claim, and a victim or defendant’s employer if he or she was working at the time of a collision.
- Negligence: South Dakota’s comparative negligence law bars victims from recovering damages if they are found to be more than slightly at fault. Blaming victims is a time-honored strategy of defense lawyers. However, under South Dakota law, it is more likely to be successful unless your car accident attorney is prepared to fight such allegations.
- Damages: Your chosen Sioux Falls car accident accident attorney must have the necessary experience to include all of the economic and non-economic damages to which you are entitled. This must include the likelihood of future disability or medical complications.
Hoy Law represents clients in Sioux Falls, Minnehaha County and the surrounding areas, including Lincoln, McCook, and Turner counties, as well as Canton, Brandon, Dell Rapids, Tea, Harrisburg, Worthing, Beresford, Lennox, Hartford, Crooks, Baltic, Montrose, Salem and Garretson.
If you or a loved one has been injured, call Hoy Law to speak with an experienced Sioux Falls personal injury lawyer today. Call 605-250-1864 for a free and confidential consultation to discuss your rights.
