Being involved in a car accident, even a fender bender, can be scary. Suffering a severe injury in a car crash can be life-altering. At Whiting Hagg & Dorsey, PLLC, we are highly experienced in handling all types of car accident injury claims, and are dedicated to not only pursuing compensation for our clients, but seeing that justice is served. Negligent and irresponsible drivers should be held accountable, and our firm strives to do exactly that!
If you were injured in a auto accident, you deserve fair compensation. Call Whiting Hagg & Dorsey, PLLC at (605) 348-1125 or complete an online form for a free consultation with a Rapid City, SD car accident lawyer.
What Are the Most Common Car Accident Injuries?
When a car accident happens, your body’s “fight or flight” instinct kicks in and you experience an adrenaline rush which can mask the symptoms of many injuries. When considering the commotion of an accident scene, the need to interact with police officers, and the overall shock of the situation, you may not realize the full extent of your injuries until hours or even days have passed. It is not uncommon for normal aches and pains to be signs of more substantial injuries below the surface.
Some of the most common injuries suffered in car accidents include:
- Neck and back injuries: The impact of a car accident can cause significant force to be applied to the muscles and ligaments in your neck and back, especially at high speeds. While these tissues are equipped to absorb some force, excessive force can cause them to give way and result in potentially irreversible damage to the spine. Neck and back injuries can sometimes cause “referred pain” or “radiating pain” which manifests in the shoulders or other parts of the body, making it difficult to identify where the actual injury is located. Pay attention to your symptoms and always seek a full medical evaluation at the first sign of discomfort.
- Abdominal / internal injuries: Pain around the chest and stomach after a car accident may be a sign of organ damage or internal bleeding, often due to the force of a seatbelt restraining your body at the time of impact. Internal bleeding can be fatal if left untreated. Any abnormal abdominal pain should be treated seriously and examined by a doctor as soon as possible.
- Knee injuries: Car accidents can cause your knees and legs to strike the steering wheel or other objects at the time of impact, resulting in blunt trauma. Injuries can range from a torn meniscus, torn ACL, fractured patella (knee cap), or a full break of the femur or shin. Injuries of this nature cannot heal on their own and must be surgically repaired.
- Concussions / brain injuries: There is no such thing as a mild brain injury. If you experience regular headaches after a car accident, see a doctor immediately. Headaches can be a sign of several trauma-induced conditions such as whiplash, concussions, or more severe brain damage. Even low-speed collisions can result in concussions due to the immense force of a deploying airbag.
What Causes Most Car Accidents — and How Is Fault Proven?
Car accidents are one of the most common types of accidents that occur in the United States. Despite efforts to make the roads safer and improve driver attention, many drivers fail to follow the law. At our firm, we are committed to evaluating all of the facts of your case, including accident reports, photos from the scene, and other evidence. Our car accident lawyers in Rapid City can use this to build a personal injury case illustrating the cause of the accident and therefore the other driver’s responsibility.
Common causes include:
- Speeding (above or below the posted limit)
- Distracted driving (phone use, eating, GPS)
- Driving under the influence of alcohol or drugs (DUI)
- Failing to signal or disregarding traffic laws
- Driving on the wrong side of the road
- Reckless driving, such as street racing
In cases involving egregious conduct — such as drunk driving or street racing — we may also pursue punitive damages in addition to standard compensation.
How We Prove Liability
Most car accident cases rest on the legal standard of negligence — proving that the other driver failed to exercise reasonable care, and that failure directly caused your injuries. Proving the other party failed to use reasonable care is the foundation of a successful lawsuit.
At our firm, we evaluate all available evidence to build your case, including:
- Official police accident reports
- Scene photographs and video footage (including traffic and dashcam cameras)
- Witness statements
- Cell phone records to establish distraction
- Toxicology reports in DUI-related crashes
- Expert accident reconstruction testimony
In some cases, our car accident lawyers in Rapid City may be able to hold a driver liable for reckless driving; for example, a driver who was engaged in street racing or another type of willful disregard for others would be considered reckless.
Call our Rapid City Car Accident Lawyers at (605) 348-1125 for a free initial consultation.
What Should You Do After a Car Accident in South Dakota?
A car accident can be a disorienting experience. While you may be feeling shaken up immediately after a collision, it is important to stay calm and follow certain steps to get the situation under control. What you say and do immediately after a crash can have an impact on your ability to recover compensation.
If you have been involved in a car accident:
- Stop and render aid. Never drive away from the scene of a crash. If anyone is seriously hurt, call 911.
- Call the police. South Dakota law requires you to immediately notify the police after an accident if anyone is injured or killed, if any person suffers more than $1,000 of property damage, if the total property damage is $2,000 or more, or if an unattended vehicle is damaged and the owner cannot be identified.
- Exchange information. Record the license plate numbers, insurance information, and vehicle identification numbers of all involved vehicles. Get the contact information of all involved drivers and passengers as well.
- Take photographs. If you have a camera phone, take photos of all vehicle damage, the resting places of the vehicles in relation to each other, road conditions, traffic signals, and other details of the scene. Take photos of your injuries as well, if you can.
- Do not apologize. While it may seem innocent, saying “I’m sorry” can be seen as an admission of fault and can cause you to be held liable before an investigation is even performed.
- Tell the police your version of what happened. The other drivers will surely tell the police what they think happened. Make sure your version of the events is also included in their report.
- See a doctor immediately, even if you feel fine. Some injuries may not be immediately apparent and can go unnoticed for days or weeks following a crash. Seek a full medical evaluation and let your doctor know you were in a car accident.
- Call an attorney. A Rapid City car accident attorney at Whiting Hagg & Dorsey, PLLC can help you evaluate your legal options, identify the responsible parties, and determine the best course of action moving forward.
Why You Shouldn’t Talk to the Other Driver’s Insurance Company?
You should avoid speaking with the other driver’s insurance company because anything you say may be used to reduce or deny your claim. Before providing a recorded statement or accepting any settlement offer, consult an experienced car accident attorney to protect your rights.
After a car accident, you may be contacted by the other party’s insurance provider. An adjuster from the insurance company may attempt to ask you questions about the accident or even offer you a settlement. We strongly encourage you to not speak to any adjuster from the other person’s auto insurance company.
Remember, insurance companies are businesses and, therefore, their primary concern is their own bottom line. Often, insurance adjusters will attempt to get car accident victims to admit partial fault for an accident or accept a low-ball settlement offer that does not even begin to cover the true extent of their damages. However, once you have accepted a settlement offer, you will likely be unable to collect any additional compensation. Furthermore, if you admit fault—even unknowingly—the adjuster may use this to devalue or even outright deny your claim.
How Can a Car Accident Lawyer in Rapid City Help?
Luckily, we can help. Before speaking to anyone from the other party’s insurance company, contact our legal team for a free consultation and advice regarding your situation. Once you choose to work with Whiting Hagg & Dorsey, PLLC, we can assist you through the claims filing process by negotiating with insurance adjusters on your behalf and building a solid case that supports your claim. Our goal is to help you secure the maximum compensation you are owed.
We may be able to help you recover compensation for:
RECOVERABLE DAMAGES
|
Type of Damage |
Examples |
|
Medical expenses |
Emergency care, surgery, physical therapy, future treatment costs |
|
Lost wages |
Income missed during recovery |
|
Lost earning capacity |
If injuries cause partial or permanent disability |
|
Pain and suffering |
Physical pain, emotional distress, PTSD |
|
Property damage |
Vehicle repair or full replacement |
|
Punitive damages |
When the at-fault driver acted with gross negligence (e.g., DUI) |
This list is not exhaustive. In some cases, we may be able to recover punitive damages when another person was egregiously negligent, such as in the case of a drunk driver. Reach out to us today to learn more about how we can help you with your claim.
Injured in a car wreck? Begin a free consultation with a seasoned Rapid City Car Accident Lawyer at Whiting Hagg & Dorsey, PLLC today. Call (605) 348-1125 or contact us online.
Is South Dakota a No-Fault State?
No. South Dakota is a “fault-based” (tort liability) state in regards to car accident liability, meaning that the person or persons responsible for a crash will also be financially responsible for any resulting harm. If you have been injured in a car accident, you may seek compensation from the at-fault driver in any of the following ways:
- Filing a claim with your own insurance company, who will seek reimbursement from the at-fault driver’s insurer
- Filing a third-party claim with the at-fault driver’s insurance company
- Filing a personal injury lawsuit against the at-fault driver
South Dakota also follows a modified comparative negligence rule. If you are found partially at fault, your compensation is reduced by your percentage of fault. If you are found 51% or more responsible, you cannot recover damages. An attorney helps ensure fault is assigned accurately — insurers routinely try to exaggerate the victim’s share.
No Recovery, No Fee — Call now!
Regardless of the severity of your injuries, our legal team at Whiting Hagg & Dorsey, PLLC is here to support you. Our car accident lawyers in Rapid City operate on a contingency fee basis, which means you pay us nothing unless we secure a favorable outcome to your case.
Contact our firm online or by phone at (605) 348-1125 to set up a case consultation. We’re here to support you!
South Dakota Car Accident FAQ
How much is my car accident case worth?
Every car accident is different, therefore is impossible to predict how much your claim may be worth without discussing your situation with a knowledgeable attorney from our firm. Factors that may influence the value of your case include the extent and long-term impact of your injuries, the amount of available insurance coverage, the amount of time your injuries force you to miss work, the amount of evidence proving the other driver’s fault, and the negotiating skills of your attorney. Generally speaking however, cases that involve more severe injuries such as brain injuries, amputations, and paralysis tend to yield higher payouts than those involving comparatively minor soft tissue injuries or whiplash.
How long will it take to resolve my car accident case?
Just as every car accident case is valued differently, every car accident case will follow a different timeline. Depending on the circumstances, your car accident case can take anywhere between a few months to a few years from start to finish. This will ultimately depend on factors such as the extent of your medical treatment, the level of cooperation of the involved insurance companies, and whether or not your case goes to trial.
Will I have to go to court?
There is always the possibility that your car accident case will require you to go court, however, this is unlikely. Most auto accident claims are eventually settled through out-of-court negotiations between your attorney and the involved insurance companies. If an acceptable settlement cannot be reached, your attorney may file a lawsuit against the at-fault driver or their insurance company in pursuit of a higher award at trial, which will likely require you to go to court.
Do I really need to hire a car accident lawyer?
Most likely, yes. It is true that not all auto accident cases require the expertise of an attorney, such as those involving minor scrapes or bruises or little more than cosmetic damage to your vehicle. However, it is in your best interests to hire an attorney if you or your passenger were seriously injured, if you were forced to miss work because of your injuries, if the insurance company is disputing your claim, or if there is some other legal complication affecting your ability to recover compensation. Several studies have shown that hiring a lawyer can increase your chances of securing a greater amount for your injuries. Additionally, an experienced attorney can guide you through the sometimes unclear claims process and protect you against potentially costly pitfalls that could otherwise compromise your claim.
How long do I have to file a car accident lawsuit in South Dakota?
South Dakota’s statute of limitations for personal injury claims is three years from the date of the accident (SDCL § 15-2-14). Missing this deadline permanently bars you from filing suit, regardless of how strong your case is. Contact an attorney well before this deadline to allow time for investigation and negotiation.
What if I was partially at fault for the accident?
South Dakota’s modified comparative negligence law allows you to recover compensation as long as you are less than 51% at fault for the accident. Your recovery is reduced proportionally by your share of fault. For example, if you are found 20% at fault and your total damages are $100,000, you can recover $80,000. Insurers routinely attempt to inflate the victim’s share of fault to reduce payouts — an experienced attorney ensures fault is fairly assessed.
What if the at-fault driver has no insurance?
South Dakota requires all drivers to carry minimum liability insurance, but uninsured motorists do exist. If the at-fault driver is uninsured — or carries insufficient coverage — you may be able to recover through your own uninsured/underinsured motorist (UM/UIM) coverage. Our attorneys will identify all available sources of compensation, including third parties such as employers, vehicle owners, or government entities responsible for road defects, that may share liability for your accident.