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South Dakota Car Accidents Questions & Answers
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... Read 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... Read 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... Read 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... Read 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: 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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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."

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