You don’t have to be a motorist to suffer from a car accident. In Sioux Falls, SD, pedestrian accidents can cause devastating injuries, emotional suffering, and financial hardship. Victims of accidents have rights to sue for legal compensation under South Dakota law, and the team at Alvine Law Firm are prepared to offer defense in personal injury claims.
When you are commuting on foot, there is simply no way to protect yourself adequately against a car, motorcycle, or even a bike. If you or a loved one have been injured, you can contact our team of experienced attorneys for help.
In this guide, we will explore your rights to filing a personal injury claim in Sioux Falls after being hit by a car or bike.
Do Pedestrians Have a Right to Sue After an Accident in Sioux Falls?
Someone can sue a motorist or biker for personal injuries if they are not responsible for them. In other words, if you did not directly cause the accident, then you have a right to sue for your injuries.
In some cases, pedestrians with some fault in their injury can still recover damages. South Dakota operates on a comparative negligence system, which means faults in personal injury cases are calculated as percentages. Victims who are no more than 50% responsible for their injuries can recover damages, but the court will deduct their fault percentage from their settlement.
Understanding Pedestrian Laws in South Dakota
South Dakota Codified Law 37-20 outlines pedestrian rights. A pedestrian is anyone who is walking or traveling on foot, including people on roller skates, riding a skateboard, or riding on an electric assistive device (§ 32-27-1.1).
- Pedestrians in South Dakota have the right-of-way on any clearly marked crosswalk or regular pedestrian crossing (§ 32-7-1).
- Drivers must yield the right-of-way to pedestrians at controlled intersections with traffic direction devices or police officers when the pedestrian is crossing or begins to cross at a green signal (§ 32-27-2).
- Pedestrians must not step off the curb or walk into a vehicle’s immediate path (§ 32-7-1)
- Pedestrians must yield the right-of-way to vehicles when they are walking along any point that is not a pedestrian crossing, crosswalk, intersection (§ 32-27-4).
In summary, pedestrians have the right-of-way when crossing crosswalks and using pedestrian crossings at the appropriate time (such as when a green light signals they can cross). They do not have the right to intersect vehicles or stop traffic to cross a street, roadway, highway, or any other intersection.
However, because South Dakota is a comparative fault state, you may be able to recover some damages even if you were partially responsible for your injuries in a pedestrian accident.
Likewise, drivers who have been injured or sued in a car accident due to a pedestrian’s negligence have the right to seek legal counsel and restitution.
Contact us today at Alvine Law Firm to speak with a skilled personal injury lawyer in Sioux Falls, SD.
Steps to Take After a Pedestrian Accident
The first thing anyone should do after being involved in an accident is seek medical attention. Ensure that you are safe and anyone involved in the accident receives treatment.
Whenever possible, call the authorities to the scene. A police report can be valuable evidence in a case. Victims or other involved parties can also take photos of the scene and any resulting injuries.
Consult With a Personal Injury Attorney
A personal injury attorney can provide legal counsel and help you determine whether the circumstances of your accident qualify you for legal compensation. Personal injury attorneys are well-versed in pedestrian laws and can offer valuable insight and guidance when it comes to filing a claim.
Gather Evidence
Witness statements, photos, medical records and insurance documentation can all be valuable when building a personal injury case after a pedestrian accident in South Dakota. Victims are encouraged to keep track of any medical documents they receive, including diagnostic reports, doctors’ notes, medical bills.
File a Claim
With a lawyer’s help, you can file a personal injury claim against the defendant. This begins the legal process of recovering damages after an accident. During this time, your lawyer will keep you updated on the next steps, and you may need to appear in court if you are unable to reach a settlement outside of it.
Statute of Limitations for Filing a Lawsuit After a Pedestrian Accident in South Dakota
South Dakota has a three-year statute of limitations on personal injury lawsuits (§ 15-2-14). While you have some time to file, it’s prudent to submit a claim as soon as possible if you intend to pursue legal action. The longer you wait, the more difficult it can be to justify your case and recover the compensation you’re seeking.
When to Seek an Attorney
A personal injury lawyer in Sioux Falls, SD, can help you recover damages after a pedestrian accident. If you want to file a lawsuit against someone for your injuries, any financial losses or emotional suffering from the accident, then it is advisable to speak with an attorney.
Their experience and knowledge in personal injury lawsuits can help you understand your rights and determine a fair amount to request in compensation. An attorney can help you navigate the complex legal landscape and work through the process of your lawsuit in a strategic manner.
Rather than adding more stress and uncertainty to your life, you can feel more confident and assured working with an attorney who understands how the justice system works. In many cases, they can also help expedite processes that would take much longer if you were working alone.
Potential Compensation
You can file a lawsuit for economic and non-economic damages in South Dakota. Economic damages are financially based, such as medical bills and lost income due to injuries or disabilities resulting from an accident. Non-economic damages include pain and suffering, stress, anxiety and reduced enjoyment in life due to the accident.
Because of South Dakota’s comparative negligence system, any responsibility you are found to have in the accident will be deducted from your compensation as a percentage. The state also has a 50 bar rule, which means that you can only recover damages if you are no more than 50% responsible for the accident.
Speak With a Personal Injury Attorney in Sioux Falls, SD
Alvine Law Firm is dedicated to helping victims of pedestrian accidents. Our skilled team puts every client at the center of their work, offering individualized support and service to reach the most desirable outcome.
We have helped our clients recover millions of dollars in settlements and benefits. With our experience in mediation and arbitration, we frequently help clients settle without the need to go to trial.
Please click here to schedule a free consultation with one of our attorneys.