Get Answers to Your Highest Priority South Dakota Legal Questions

In South Dakota, as of April 2013, Mitchell, Sioux Falls, Brookings, Watertown, Vermillion and Huron have implemented local texting-while-driving bans.  A proposed statewide ban failed in the South Dakota Legislature earlier in 2013.

The South Dakota Safety Council (SDSC) helps employers and workers, families, and communities reduce unintentional injuries ("accidents").  Unintentional injuries are the leading cause of death for South Dakotans ages 1 - 44, taking the lives of nearly 500 South Dakotans each year, disabling many more, and sending tens of thousands to emergency departments and hospitals.

The SDSC provides:

• Workplace safety training and consultation
• Packaged training, reference books
• First Aid/CPR/AED training
• Traffic safety training and information
• Motorcycle Safety Training
• Family/community safety resources
• Safety gear and devices (bicycle helmets, smoke and carbon monoxide alarms, first aid kits, weather radios and more)

 

The South Dakota Child Safety Seat Distribution Program focuses on keeping children safe by providing child safety seats at no cost to families that meet income eligibility requirements to ensure that they are in the best child seat for their height and weight until they are at least 4'9."

Current South Dakota law states that “any operator of any passenger vehicle transporting a child under 5 years of age on the streets and highways of this state shall properly secure the child in a child passenger restraint system,” and that operator of a motor vehicle must make sure that a passenger who is at least 5 and younger than 18 must be wearing a “properly adjusted and fastened safety seat belt system.”  If the belts don’t fit properly, the operator must find another “safety belt system” to secure the child

 

Yes.  South Dakota does have specific statutes that allow a criminal homicide charge to be brought against an individual who kills another person through the operation of a motor vehicle, either intentionally or negligently.  It is common for drunk drivers to be charged with vehicular homicide if they cause a motor vehicle accident which results in another person's death.

No.  Although most cases in South Dakota involving children do not result in a lawsuit, if a lawsuit is necessary, the court will appoint a guardian to bring any legal action on the child's behalf.  In most cases, the guardian will be the child's parent.  Your South Dakota lawyer can explain the process of appointing a guardian so that a legal action may be started.

The most difficult cases we handle in our office involve the death or serious injury of a child.  It's heartbreaking to see the emotional devastation parents, grandparents, and siblings experience after a child has been injured in an accident.  As we all have children in our lives, we understand how traumatic these experiences can be for families.

When tragedy strikes, the lives of parents are turned upside down.  If their child has been seriously injured, parents are left trying to navigate the medical community and health insurance.  If someone has lost a child, just trying to get out of bed can seem like a monumental task. Deaths or injuries caused by someone else's careless conduct adds even more stress because it entails dealing with a legal system with which most people have little experience.

If your child has been injured in an accident, the initial steps you take can make a big difference to the outcome of the case.

We've compiled ten tips to help your child after an injury in South Dakota:

1.     Seek treatment immediately.
2.     Don't rush to settle your child's claim quickly.
3.     Don't underestimate the insurance adjusters who contact you.
4.     Don't provide a statement to the adjuster.
5.     Don't sign any medical authorization forms.
6.     Start a file to document everything connected to your child's case.
7.     Honesty is the best policy.
8.     Don't withhold information from your lawyer.
9.     Don't exaggerate the impact of your child's injury.
10.   Hire an attorney who devotes his practice to these types of cases.

We've found that parents whose kids have been hurt in accidents have so much on their minds that they don't need more confusion when they're evaluating their legal options. The attorneys in our office believe that our goal is to help parents understand how they can best protect their rights and their children's rights.  When parents meet with us, they're looking for straightforward answers and common sense guidance.  We will provide solid information for parents so they feel like they have a grasp on the basics to best help their child.

In South Dakota, wrongful death lawsuits can be brought against a wide variety of persons, companies, government agencies, and employees. For example, in a car accident involving a faulty roadway and a drunk driver, a wrongful death action might include defendants such as:

• the driver or employer at fault in the automobile accident
• the designer or builder of the faulty roadway
• a government agent who failed to provide adequate warnings regarding a road hazard that caused the accident, or
• the manufacturer, distributor, or installer of a faulty or dangerous part of the vehicle.

A wrongful death claim in South Dakota must be filed by a representative on behalf of the survivors who suffer damage from the decedent's death (also know as the "real parties in interest"). The representative is usually the personal representative of the decedent's estate. In South Dakota, the "real parties in interest" are usually immediate family members. 

In South Dakota, victims of auto accidents have three years in which to file a car accident claim to recover compensation related to personal injuries, according to South Dakota's statute of limitations.  While this might sound like a good chunk of time, waiting too long to start the claims process may reduce evidence availability and may pose other challenges.

If you are a Minnesota resident injured while visiting South Dakota, you will need an attorney that is licensed to practice law in South Dakota.  Each state has its own personal injury laws.  You will need an attorney that has extensive knowledge and experience of South Dakota personal injury law.