Detailed Answer
If a truck hit you and you were injured in South Dakota, you can pursue compensation by filing an insurance claim and, if necessary, a civil lawsuit. Below is a clear, step-by-step guide that explains how claims typically proceed, who can be responsible, what evidence matters, and important deadlines under South Dakota law. This is general information and not legal advice.
1) Immediate steps at the scene and right after the crash
- Call 911. Get medical care right away. Your medical records are central evidence of your injuries.
- Tell police the basic facts so there is an official crash report.
- Collect identifying information: the truck driver’s name, employer (motor carrier), license plate number, vehicle VIN if possible, insurance information, and the truck company name and USDOT number shown on the truck.
- Photograph the scene: vehicle positions, damage, skid marks, road signs, traffic signals, debris, injuries, and visible clothing or equipment marks.
- Get witness names and contact information.
- Preserve evidence: keep damaged clothing, helmet, and any personal items; keep the truck company’s name from the truck’s side panel; note the truck’s trailer number.
2) Identify all potentially liable parties
Truck wreck claims can name multiple defendants:
- The truck driver (for negligent driving, intoxication, speeding, distracted driving, etc.).
- The trucking company or motor carrier (for negligent hiring, negligent maintenance, improper loading, or vicarious liability for the driver’s acts).
- The truck owner (if different from the carrier).
- Maintenance providers, parts manufacturers, or cargo loaders if a mechanical defect or improper loading caused or contributed to the crash.
3) Document your injuries and damages
Keep thorough records. Typical categories of damages include medical bills, future medical care, lost wages, reduced earning capacity, pain and suffering, disfigurement, and property damage. Save:
- All medical records and bills. Follow up with all recommended care—gaps in treatment can hurt a claim.
- Pay stubs, tax returns, or employer statements showing lost income.
- An injury journal describing pain, treatment, and how injuries affect daily life.
- Repair estimates or receipts for vehicle and property damage.
4) Reporting the claim to insurers
Report the crash to your own insurer promptly and give a brief factual statement. Insurance companies will often contact you quickly; be cautious:
- Do not give a recorded statement or sign medical-authority releases without considering legal advice; those can be used to limit your claim.
- Provide necessary factual information (who, where, what happened) but avoid speculation about fault or making final statements about how you feel until evaluated by a doctor.
- Keep a log of all communications with insurers, adjusters, and anyone from the trucking company.
5) Federal and state trucking rules that can help your claim
Commercial trucking is heavily regulated. Records that often matter include driver hours-of-service logs, maintenance records, driver qualification files, drug & alcohol testing results, and the carrier’s crash history. You (or your attorney) can request these records from the carrier. Useful federal resources include the Federal Motor Carrier Safety Administration (FMCSA) regulations: https://www.fmcsa.dot.gov/regulations. You can also check a carrier’s safety record on FMCSA websites.
6) When and how to file a lawsuit in South Dakota
If negotiations with insurers fail, you may need to file a civil lawsuit. In South Dakota, a personal-injury lawsuit must be filed before the statute of limitations runs. For most personal-injury claims, that time limit is three years from the date of injury. See the state statute on time limits for civil actions: South Dakota Codified Laws (statute of limitations for personal injury). If you plan to sue a government entity or employee, different notice and shorter deadlines often apply—check the specific statute or contact an attorney promptly.
7) Comparative fault and how it affects recovery
South Dakota reduces a plaintiff’s recovery in proportion to the plaintiff’s share of fault. This means if the factfinder finds you partially at fault, your damages are reduced by your percentage of responsibility.
8) Evidence and discovery
In litigation, you can use discovery tools (document requests, depositions, subpoenas for carrier and driver records) to obtain the truck company’s logs, maintenance history, inspection records, and driver training files. Expert witnesses (accident reconstructionists, medical experts, life-care planners, and vocational experts) often prove how the crash happened and the extent of long-term injuries.
9) Settlements vs. trial
Most truck-crash cases resolve by settlement. Settling avoids the time, expense, and uncertainty of trial but requires careful evaluation of medical prognosis, available insurance limits, and non-economic damages. If the case goes to trial, a judge or jury decides liability and damages.
10) Practical timeline and actions to protect your claim
- First 48 hours: emergency care, police report, photographs, witness contacts.
- First 2 weeks: preserve records and evidence, notify insurers, get copies of the crash report.
- First 3 months: continue care, get documentation for lost wages, request the carrier’s insurance info if not already known.
- Within 3 years: file a lawsuit before the statute of limitations expires if you have not settled.
Important legal resources: South Dakota statutes and courts are reachable online at the Legislature and Unified Judicial System sites. For state rules and filing procedures see the Unified Judicial System: https://ujs.sd.gov. For state transportation and crash data, see the South Dakota Department of Transportation: https://dot.sd.gov. For federal trucking safety rules, see the FMCSA: https://www.fmcsa.dot.gov/regulations.
Disclaimer: This article explains general legal concepts and procedures in South Dakota. It is not legal advice, does not create an attorney-client relationship, and may not reflect changes in law. For advice on your specific case, consult a licensed attorney experienced in South Dakota truck-accident cases.
Helpful Hints
- Seek medical help immediately—even if injuries seem minor. Some injuries appear later.
- Write down your memory of the crash as soon as you can while details are fresh.
- Do not accept the first settlement offer from the insurer without reviewing it carefully; early offers are often low.
- Request the police crash report early; it often contains key vehicle and insurance data.
- Ask the carrier for its insurance and USDOT number; the USDOT number helps locate carrier safety records.
- Keep all receipts and records related to the crash and injury—these document actual losses.
- If the trucking company or driver says they will pay you directly, get any agreement in writing and talk to an attorney before accepting funds.
- If you plan to sue a state or local government, meet special notice requirements and shorter deadlines—act promptly.
- Consider consulting an attorney early—many personal-injury lawyers offer free case reviews and work on contingency (they collect a fee only if you recover money).