Detailed Answer
Short overview: If another driver ran stop signs and hit your car in South Dakota, you can pursue a personal injury claim against the at-fault driver’s insurance (or through your own uninsured/underinsured motorist coverage if needed). Act promptly: gather evidence, get medical care, report the crash, and understand timing rules for suing if negotiations fail.
1. Immediate steps at the scene and right after
- Call 911 and request a police report. A crash report documents the scene and is important evidence.
- Get medical attention right away for any injury, even if you feel OK. Some injuries appear later. Keep medical records and billing statements.
- Preserve evidence: photos of vehicles, the intersection, traffic signs, skid marks, injuries, and visible damage. Record names, phone numbers, insurance information, and badge numbers of officers and witnesses.
- Do not admit fault or speculate about fault at the scene or to the other driver’s insurer.
2. Reporting and documentation
Obtain the official crash report from law enforcement or the Department of Public Safety. In South Dakota the state website (Department of Public Safety) can direct you to the proper resources and crash report request procedures: https://dps.sd.gov/.
3. Notifying your insurance company
Notify your insurer promptly. Provide factual information about the collision but avoid detailed statements that could be used to contest your claim (for example, avoid saying you felt fine if you later seek medical treatment). Ask about your coverage, including uninsured/underinsured motorist (UM/UIM) coverage if the other driver lacks sufficient insurance.
4. Making a claim with the at-fault driver’s insurer
Most personal injury claims begin as a third-party claim against the at-fault driver’s liability insurer. Typical steps:
- File a claim and submit evidence (photos, crash report, medical records, wage loss documentation).
- The insurer may request a recorded statement; you can decline or delay until you consult a lawyer.
- Insurers often make a settlement offer. Evaluate offers against your past and expected future medical costs, lost income, vehicle damage, and non-economic losses (pain and suffering).
5. If negotiations fail: filing a lawsuit in South Dakota
If the insurer refuses fair compensation, you may file a civil lawsuit in South Dakota circuit court. The basic litigation steps are:
- File a complaint naming the driver (and possibly the insurer or other responsible parties).
- Serve the defendant(s) with the complaint.
- Go through discovery (document requests, depositions, expert reports).
- Attempt mediation or settlement; if no resolution, proceed to trial.
Because litigation has strict procedural requirements and deadlines, consult an attorney before filing.
6. Timing: statute of limitations and deadlines
South Dakota law limits the time to file personal injury claims. You must bring a lawsuit within the state’s statutory deadline measured from the date of the crash. For details on civil filing deadlines and related rules, consult the South Dakota Codified Laws: https://sdlegislature.gov/Statutes/Codified_Laws. Acting promptly preserves your rights and evidence.
7. Fault and how it affects recovery
South Dakota applies negligence principles. If you share fault for the crash, your recoverable damages may be reduced by your percentage of fault. Keep careful records and witness statements that support your version of events, especially when the other driver ran a stop sign.
8. Types of damages you can seek
- Economic damages: medical bills, future medical costs, lost wages, reduced earning capacity, vehicle repair or replacement.
- Non-economic damages: pain and suffering, emotional distress, loss of enjoyment of life.
- Punitive damages are rare and usually require proof of egregious conduct.
9. When to contact an attorney
Consider talking to a personal injury attorney if any of the following apply:
- Your injuries required significant medical care or will require future treatment.
- The other driver denies fault, has limited insurance, or is uninsured.
- Liability or damages are disputed, or the insurer’s offer is inadequate.
- You want help with litigation, medical liens, or accurately valuing your claim.
10. Practical tips for working with lawyers and insurers
- Keep a single, organized folder (digital and physical) with medical records, bills, pay stubs, repair estimates, photos, and correspondence.
- Ask potential attorneys about experience with South Dakota car-crash cases, fee structure (contingency fee is common), and whether they offer a free initial consult.
- Do not post details of the crash or your injuries on social media; insurers monitor social media for inconsistencies.
Helpful statutory resource: For South Dakota statutes and code sections that affect auto crashes and civil claims, use the official Codified Laws site maintained by the South Dakota Legislature: https://sdlegislature.gov/Statutes/Codified_Laws. For state crash report procedures and related resources, see the South Dakota Department of Public Safety: https://dps.sd.gov/.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed South Dakota attorney.
Helpful Hints
- Seek medical care immediately; early treatment helps both recovery and your claim.
- Get and preserve the police crash report and the names/contact info of witnesses.
- Take clear photos of the intersection, stop sign placement, vehicle damage, skid marks, and injuries.
- Save all medical bills, receipts, and records of time missed from work.
- Notify your insurer quickly but avoid detailed recorded statements until you consult counsel.
- Check your own policy for uninsured/underinsured motorist coverage.
- Keep a written log of symptoms and medical appointments; symptoms can change over time.
- Limit social media activity about the crash until your claim resolves.
- Speak with a South Dakota personal injury attorney if the case involves serious injuries, disputed fault, or a low insurer offer.