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South Dakota Car Accidents Questions & Answers
1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Car Accidents for South Dakota on
Q: What happens if I didn't waive my right to a speedy trial and its been over 90 days?

Does case become dismissed?

James L. Arrasmith
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answered on Mar 26, 2024

If you haven't waived your right to a speedy trial and it has been over 90 days, the situation may vary based on the laws in your jurisdiction and the specific circumstances of your case. Generally, the right to a speedy trial is protected by law to prevent undue and lengthy pretrial... View More

1 Answer | Asked in Contracts, Car Accidents and Insurance Bad Faith for South Dakota on
Q: in exclusions, "due and confined to" "wear and tear" and "freezing", means wear items are not covered. Are nw items cov?

We had a rare weather event where it got extremely cold for 3 days and the car sat outside (not confined) and im not sure what happened but now the car is leaking all the oil and antifreeze out of it. The car was not in use when this happened and has not had and mechanical failure, nor any wear... View More

Tim Akpinar
Tim Akpinar
answered on Mar 9, 2024

A South Dakota attorney could advise best, but your question remains open for a month. It looks like the policy excludes damages from freezing, which sounds like the source of damages here. You could review the policy and get the opinion of a mechanic. Good luck

2 Answers | Asked in Car Accidents for South Dakota on
Q: Can I go for more money?

A drunk driver hit me after passing a red light. I went to the doctor and said everything seems good on xrays, but gave me muscle relaxers and steroids for pain. After weeks from the accident, my chest keeps hurting. His insurance wants to settle $2500 for me including loss of income, and $7500 for... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 15, 2024

Yes.

First, if you are still in pain, you should consider further medical care.

Second, you do not have to accept that offer.

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1 Answer | Asked in Car Accidents for South Dakota on
Q: I was a backseat passenger in car accident. My phone was retained, and a search warrant for its info were obtained, how?

There were no drugs found in the car, no drugs found in the driver's system, he blew a .02, after having a beer about a half hour earlier, he's over 21. The highway patrol stayed in the hospital until all drug and alcohol tests performed, was given the negative results immediately. The... View More

T. Augustus Claus
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answered on Jul 14, 2023

Law enforcement can obtain a search warrant for a cell phone if they believe it contains evidence related to the accident or other criminal activity. They need to demonstrate probable cause to a judge to obtain the warrant. If you have concerns, consult with a lawyer for guidance based on your... View More

1 Answer | Asked in Car Accidents, Insurance Defense and Traffic Tickets for South Dakota on
Q: If I got into a car accident that wasn’t my fault and got a no insurance ticket, but now have my own car with insurance

I only got a no insurance ticket for my parents car, but now have my own car with insurance. No other tickets were given to me. What should I do?

Tim Akpinar
Tim Akpinar
answered on Aug 26, 2022

A South Dakota attorney could advise best, but your question remains for two weeks. In terms of your question on what you should do, there are a number of issues to sort out here. I hope no one was injured here, but if you were, reach out to attorneys to discuss your options there. Without... View More

1 Answer | Asked in Car Accidents for South Dakota on
Q: How would I go about a lawsuit ? and How would we use a lawyer

My wife was parked in Colorado at a gas station and a driver backed hard into her then drove off. There were cameras and cops were called, but she lives in South Dakota since we are military and We are confused on how this process works.

Tim Akpinar
Tim Akpinar
answered on Jun 14, 2022

A Colorado attorney could probably advise best, but your question remains open for a week. I'm sorry about your wife's accident; I hope she is okay. If she was injured, she could reach out to Colorado attorneys to discuss. Free initial consults are the norm in the industry. You could... View More

1 Answer | Asked in Personal Injury and Car Accidents for South Dakota on
Q: Daughter cited for failure to yield. Other driver cited for invalid license for 2nd time. He hit her. Whose at fault

My daughters view was obstructed by vehicles parked illegally at intersection. She slowly proceeded into intersection for a clear view to her right. Didn't see vehicle so continued thru and got t-boned by driver heading west. She was heading north and was nearly thru before getting hit. Both... View More

Tyler Young
Tyler Young
answered on Jul 31, 2020

Your question is a classic comparative fault question. First, your daughter who was the passenger may have a claim against her sister (collectable from her liability insurance) and the other driver. You should talk with an attorney about her rights.

However, South Dakota has a difficult...
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1 Answer | Asked in Car Accidents for South Dakota on
Q: I recently got into an accident with another car trying to switch lanes at an intersection. The cop wrote me citation

For Improper lane change (m2) but with a $0.00 charge but with the fact that I have to show up in court. Do I have to be worried about time in jail or a misdemeanor? I was checking my lanes and didn’t see the other car anywhere before trying to switch lanes.

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2020

A South Dakota attorney would be able to respond in the best manner. As a general matter in virtually all jurisdictions, minor traffic violations are not treated as criminal offenses. If you haven't already by now, see if a South Dakota traffic ticket attorney would offer you a free initial... View More

1 Answer | Asked in Car Accidents for South Dakota on
Q: The apt complex where I live didn't have the snow plowed & they usually do & my car caught on fire trying to get it out.

Would they be liable for anything?

Peter N. Munsing
Peter N. Munsing
answered on Feb 22, 2020

A fire would not be a forseeable event. If you have collision run it through that and let the insurance go after that. However your lease ususally says that ploughing is on them, and if you can make a case that the fire was somehow due to their not ploughing it, make a claim for it..

1 Answer | Asked in Car Accidents for South Dakota on
Q: I was involved in a charter bus crash. What legal rights do the bus and insurance companys have to withhold my property.

About 2 weeks ago I was a passenger on a charter bus accident that resulted in a fatality of the driver who hit us. The bus company would not allow us to remove of luggage from beneath the bus. It has now been 2 weeks and I have still not gotten back my luggage. The state patrol has told me that... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 4, 2018

No. Contact a member of the SDak Assn for Justice --they give free consults.

1 Answer | Asked in Car Accidents and Insurance Defense for South Dakota on
Q: Who pays insurance claim for a minor that was in an accident?What happens when the minor becomes 18 & claim isn't paid 4

My parents are refusing to pay for a insurance claim on an accident I was in last year. I caused the accident, I was riding my bicycle and hit a car. The insurance company is asking for money. The letters they send are being addressed to "The Parents of "Minors Name"". My... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 9, 2017

The parents are technically responsible.You may want to pay it if you can. Start by figuring what the bill was (I'm assuming you are at fault because you say so). If you pay you want a release of all claims.

1 Answer | Asked in Car Accidents for South Dakota on
Q: In SD is a person without insurance still able to recover damages if other driver ran a red light?
John M DeProspo
John M DeProspo
answered on Jun 17, 2015

Your insurance status has no bearing on the issue of liability. So answer is "yes."

1 Answer | Asked in Car Accidents for South Dakota on
Q: Do I need to pay for days downtime to repair car wash I damaged?

I damaged a carwash and being sued $1500 material & labor, but $3500 for missed revenue. Can I argue not paying the missed revenue?

Adam Studnicki
Adam Studnicki
answered on Nov 13, 2015

Turn it over to your insurance company.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem...
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