Distracted driving is a problem in Sioux Falls and throughout South Dakota. If you look around while you’re on the road, you may see other drivers looking down at their phones when they are supposed to be concentrating on the road.
Even though state laws and rules discourage this dangerous behavior, distracted driving is common enough to cause many crashes. Other causes of deadly distractions include passenger interactions, changing the radio, eating and drinking, and grooming, among others.
If you are recovering from a distracted driving accident, our Sioux Falls car accident lawyers can file your car accident claim to recover compensation from the negligent driver that covers your injuries and losses.
Distracted Driving Is a Significant Problem in South Dakota
Distracted driving continues to cause many car accidents in South Dakota every year. The South Dakota Office of Highway Safety says using a cell phone while driving is one of the main reasons for distracted driving crashes.
Based on its data, more than 300 people in the state were hurt or killed in distracted driving accidents in 2022. Nationally, inattentive driving took the lives of 3,308 people that same year, according to the National Highway Traffic Safety Administration (NHTSA).
State Officials Take Several Measures to Discourage Inattentive Driving
The state has taken measures to discourage cell phone use while behind the wheel. As of July 1, 2020, South Dakota drivers can be charged with a Class 2 misdemeanor for using a cell phone while driving.
The law does not apply to drivers making hands-free phone calls, using a GPS app, or using a phone for emergencies. The state regularly runs public safety campaigns to raise awareness about the dangers of distracted driver behavior.
In recent years, the state’s Department of Public Safety commissioned a sculpture to raise awareness of the 250 drivers killed in South Dakota in 2021. The artwork, titled “Deadly Distractions,” consists of 250 recycled cell phones sitting inside of 250 small coffins.
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Our Lawyers Handle Distracted Driving Car Accident Claims
Our Sioux Falls personal injury lawyers can lead the distracted accident claims process for you after a collision caused by an inattentive driver. First, we will investigate the accident by gathering evidence, such as:
- Police reports
- Witness statements
- Any available video footage
- Cell phone records to show the other driver was distracted
Getting legal help with a distracted driving accident also means we will handle communications with the insurance companies for you. We will do this to protect you from low offers and negotiate for fair compensation for your crash-related losses.
We can determine your claim’s worth based on your damages and make sure you don’t accept a financial offer that does not meet your needs or expenses. If necessary, our lawyers can represent you in court to get the compensation you deserve.
What Damages Can You Recover from a Distracted Driving Accident?
If you are hurt in an accident caused by an inattentive motorist, you may be able to seek several types of compensation. These could include:
- Medical expenses: This covers hospital stays, surgeries, medicine, and ongoing treatment.
- Future medical costs: If you need long-term care, you may get compensation for future medical bills.
- Lost income: You can be paid for the wages you missed while recovering and for future income if your ability to work is affected.
- Pain and suffering: Compensation for the physical pain and emotional distress from the accident.
- Property damage: This includes money to repair or replace your vehicle and other items damaged in the crash.
How Much Is a Distracted Driving Accident Claim Worth?
The value of your distracted driving insurance claim can vary based on several factors. These include the severity of your injuries, the cost of medical treatment, lost income, and property damage.
Pain and suffering, along with long-term effects on your quality of life, can also increase your claim’s value. Each case is unique, so consulting with our legal team can help you better understand how much compensation you may be entitled to receive.
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Steps to Take After a Distracted Driving Accident in South Dakota
After a distracted driver strikes you, there are important steps you can take after a car accident to protect yourself and your case. First, get medical help right away, even if you don’t feel hurt or think your injuries are minor. Some injuries don’t show up right away.
Next, report the accident to the police so there is an official report on record. This report can be important evidence later. If you can, take pictures of the accident, damage to the cars, and any injuries you have.
Also, if possible, get the contact information of any witnesses who saw the accident. Finally, contact a lawyer to help with your claim and protect your rights.
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Time Limits for Filing a Car Accident Lawsuit in South Dakota
In South Dakota, you have three years from the date of the accident to sue for damages after a distracted driving accident under state law. If the crash involves a government vehicle, exceptions may apply, which could mean you have less time to pursue compensation.
Once you contact us, our lawyer can advise you of the timeline and deadline that applies to your case. Filing on time is very important. If you miss the deadline, you may not be able to get compensation. If we handle your case for you, we will file your case on time.
Call Us for Help With Your Distracted Driving Accident Claim
Distracted driving accidents happen more often than many people realize. If you’re wondering how common distracted driving accidents are, the answer is they contribute to a significant number of crashes each year, although this number changes by the year.
When these crashes happen, it’s important to know your rights and explore a distracted driving accident claim to seek compensation for your injuries and damages. The negligent party should pay to cover the cost of the accident, not you.
If you’ve been hurt in a distracted driving accident, don’t wait to get the help you need. Call the experienced lawyers at Hoy Law today for a free consultation. We are ready to guide you through the legal process and fight for the compensation you deserve.
Call or text 605-334-8900 or complete a Free Case Evaluation form
