Get Answers to Your Highest Priority South Dakota Legal Questions
Have questions? We have answers! Our South Dakota attorneys answer the questions they hear most often from clients just like you.
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Can using social media hurt my South Dakota personal injury case?
Yes, your comments, photos, and posts can wreak havoc on your South Dakota personal injury claim if you are not careful.
Social media and networking sites are becoming important resources of background information for:
- lawyers;
- law enforcement; and
- insurance companies.
Because of the casual nature of social media sites like Twitter and Facebook, people are more likely to post comments that impact their case. -
What should I do right after an auto accident in South Dakota?
First, call law enforcement so that any witnesses can be located and an independent law enforcement report can be filed.
Second, do not admit fault.
Third, seek prompt medical attention if you’re injured.
Fourth, take photographs of the damage to each vehicle.
Fifth, report the accident to your own auto insurance company, even if you are not at fault. You may also be entitled to certain insurance benefits under your own policy.
Sixth, don't give a statement to the other driver’s insurance company.
Finally, you may want to at least consult with an experienced lawyer if (1) there’s an argument about who caused the accident, (2) your injuries are serious, permanent or long-lasting, or (3) your medical bills and wage loss is expected to exceed $5,000.
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What is the statute of limitations for a wrongful death claim in South Dakota?
In South Dakota, there are strict time limits on when a wrongful death case may be filed. This time limit is called the Statute of Limitations. In South Dakota, the Statute of Limitations for a wrongful death action is three (3) years from the date of death. This means that the case must either be settled or filed in court within this time or the claim is no longer valid.
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I was hit by a drunk driver in Sioux Falls and am suffering from various injuries. What are my legal options?Since drunk driving can be considered negligent behavior by its very definition, you may be able to file suit against the driver
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What is a wrongful death claim in South Dakota?
A wrongful death claim exists when a person dies due to the legal fault of another person. Every state, including South Dakota, has its own wrongful death laws.
Wrongful death claims involve all types of fatal accidents from car accidents to medical malpractice or product liability cases. Persons, companies, and governmental agencies can be legally at fault for acting negligently (failing to act as a reasonable person would have acted) or for acting intentionally.
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Who is required to wear a seat belt in South Dakota?
In South Dakota, every driver and front seat passenger of a passenger vehicle operated on a public highway must wear a properly adjusted and fastened safety seat belt system at all times when the vehicle is in forward motion. A driver of a passenger vehicle must also secure a properly adjusted and fastened safety seat belt system on any passenger in the front seat who is at least five years of age but younger than eighteen years of age.
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What type of vehicles are considered "passenger vehicles" in South Dakota?
Under South Dakota law, a "passenger vehicle" is any self-propelled vehicle intended primarily for use and operation on the public highways, including passenger cars, station wagons, vans, taxicabs, emergency vehicles, motor homes, trucks, and pickups. The term does not include motorcycles, motor scooters, motor bicycles, motorized bicycles, passenger buses, and school buses. Farm tractors or implements of husbandry designed primarily or exclusively for farm operations are also not considered passenger vehicles.
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Does South Dakota have any exceptions to the seat belt requirement?
Yes. South Dakota law has several exceptions to the seat belt requirement:
- Your vehicle was manufactured before September 1, 1973;
- You have a written statement from your doctor describing a medical reason why you should not wear a seat belt;
- You are a passenger in a vehicle that was not equipped with safety belts because federal law didn't require them when it was manufactured;
- You are a rural mail carrier for the United States Postal Service, while delivering mail; or
- You are delivering periodicals or newspapers on an assigned home delivery route.
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What is the fine if I'm ticketed for not wearing a seat belt in South Dakota?
In South Dakota, the fine for not wearing a seat belt is $25.00.
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Does South Dakota require child safety seats?
Yes. In South Dakota, children under 5 years of age and children weighing less than forty pounds must be secured in a child passenger restraint system. However, the National Highway Traffic Safety Administration recommends to keep kids in child safety seat until the age of 8, or until they are 4'9" tall.