South Dakota Accidents

FAQ Glossary Explore Team

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Search results for “comparative fault”

20 results

Fault Disputes After a Center-Line Crash

In South Dakota, crossing the center line looks terrible, but fault is not automatic if wind, road edge drop-off, ice, another driver, or bad road conditions helped cause the crash.

ARTICLE by Sandra Fischer

likelihood of confusion test

A legal standard courts use to decide whether one name, logo, package design, slogan, or other brand feature is so similar to another that ordinary buyers are likely to mistake...

Can my Watertown boss pin my work motorcycle crash on me?

The expensive mistake is assuming your boss gets to decide fault. They do not. If you were riding for work in Watertown and a driver failed to yield, ran a red light, or turned...

Almost two years later, they're still trying to dump this Watertown crash on you

A driver crossed the center line to pass, hit you head-on, and now the insurer is using South Dakota fault rules to carve up your claim before time runs out.

ARTICLE by Brenda Schoenfeld

I'm about ready to drop this Pierre crash claim because nobody will answer me

A Pierre lawyer gets T-boned on the way to court, the stop sign issue muddies fault, and months of insurer silence starts looking like the real strategy.

ARTICLE by Wayne Hustead

my leg got crushed by a horse and now they want me to sign before i know if i can work

A Rapid City ranch hand is getting pushed to settle fast after a livestock injury, while the real cost of the injury is still unfolding.

ARTICLE by Wayne Hustead

Scared your status will come up after a Brookings crash? The uninsured employer mess is worse

A Brookings delivery driver hit from behind can end up fighting three separate money battles at once: fault for the crash, no workers' comp coverage, and health insurance reimbursement.

ARTICLE by Pete Baumgartner

non-compete vs non-solicitation

These clauses can hit your paycheck fast: one may try to keep you from taking a new job at all, while the other usually targets who you can contact after you leave. If a...

Months of silence from the insurer? That's usually a tactic, not a mystery

A wrong-way crash on a Rapid City off-ramp can wreck your schedule and your finances fast, and insurer silence is often part of the game.

ARTICLE by Tom Red Cloud

DoorDashing in Watertown, I hit a pothole, wrecked a borrowed car, and now they're telling me not to file

A Watertown DoorDash driver using someone else's car gets hurt after a pothole crash, and the ugly part is figuring out the city claim, the car insurance, DoorDash coverage, and whether anyone is lying about workers comp.

ARTICLE by Tom Red Cloud

Should I file workers' comp or sue the driver after a Pierre work crash?

South Dakota's liability rules have not gotten friendlier lately: the state still uses the slight/gross comparative fault rule, which can sink a weak road-crash lawsuit fast....

bellwether trial

If this gets confused with a class action, an injured person can wrongly assume one trial will automatically decide compensation for everyone else. That is not how most...

My neck and shoulder keep locking up after a car backed out in Aberdeen and now their insurer is digging through my Facebook

A plumber new to South Dakota got hit by a car backing into the travel lane from diagonal parking and now the insurer is trying to turn Facebook posts into "proof" he isn't hurt.

ARTICLE by Pete Baumgartner

assistive device

People often mix up an assistive device with durable medical equipment, but they are not the same. Durable medical equipment usually means medically necessary items built for...

trademark infringement

Damage to your wallet can happen fast when another business uses a name, logo, slogan, or other brand marker close enough to confuse customers, steal sales, or trade on the...

A year later, the wrong-way crash near Aberdeen still wrecks your back and that tiny policy won't touch the bills

A military spouse in Aberdeen is stuck dealing with a wrong-way on-ramp crash, ongoing injuries, and a liability policy that is nowhere close to enough.

ARTICLE by Tom Red Cloud

Should I claim against my rideshare driver or the other driver in Aberdeen?

If you were hurt in an Uber or Lyft on U.S. 12 near the Aberdeen Mall or at a slick intersection like 6th Avenue SE and Melgaard Road, the smarter move is usually not to choose...

In Sioux Falls, one medic heard about a $90,000 crosswalk claim - so why is his offer $7,500?

You can have the walk signal, visible injuries, and still get stonewalled if the insurer says a policy exclusion knocks out coverage.

ARTICLE by Pete Baumgartner

Can I get my own doctor after the insurance doctor in Aberdeen?

Yes - and in Minnesota this can play out very differently because no-fault rules change who pays first. In South Dakota, the big myth is that the insurance doctor gets the...

Preexisting Back Conditions and South Dakota Injury Claims

If a truck crash made your back worse, the insurer does not get to erase that injury just because your spine already had wear-and-tear on paper.

ARTICLE by Pete Baumgartner