If you recently suffered serious injuries or lost a loved one in a car accident caused by another person, you may be considering your available options for seeking compensation and justice. While filing a personal injury or wrongful death claim may be viable for your case, you will have a lot of work ahead of you to prove your claim.
]]> Proving negligenceThough legal claims regarding negligence can be beneficial to victims if they prove successful, these cases can take a lot of time and effort. Unfortunately, it is not as easy as simply telling the court that another person's negligence resulted in your injuries or your loved one's death. You hold the burden of proving your claim and meeting the elements that show negligence.
The four elements necessary when attempting to prove another person's negligence include the following:
You may think that your injuries and the police report indicating that the other driver was at fault for the incident should be enough. However, legal cases are rarely so straightforward. Therefore, you may want to make sure that you understand personal injury or wrongful death claims, how the circumstances of your event may apply and what evidence may help you move forward with a case. An experienced South Dakota attorney may be able to assist you with all aspects of this type of legal endeavor.
]]>Not only do drivers on icy roads pose dangers, but the conditions outside buildings could also put you at risk. You may give a sigh of relief after driving to your destination safely, but you could still face the possibility of a slip-and-fall accident as you walk across a parking lot, on a sidewalk or up a flight of stairs.
]]> Contributing factors to slip-and-fall accidentsYou may consider yourself a relatively coordinated person and believe that you have good balance. However, a number of factors could suddenly cause you to lose that balance and experience an injury-causing accident quicker than you could have imagined. Some factors that could lead to such incidents include the following:
Certainly, falling in public can feel embarrassing, but it can also lead to serious injuries in many cases. In the event that you slip and fall and suffer injuries as a result, you may have reason to pursue legal action against the property owners, operators or other responsible parties with a premises liability claim.
]]>Maybe you were traveling in the same car as your loved one and struggle with thoughts about why you survived, but he or she did not. Then again, you might have been miles away from your loved one at the time of the accident but still feel like you should have been able to do something to prevent it. Others who have experienced similar loss have been better able to cope by putting certain ideas into practice. Knowing where to seek support is a key factor.
]]> Don't be afraid to accept helpPart of you might want to be strong; especially if you have children and are trying to stay strong for their sake. However, allowing friends, family members or others to encourage and support you as you mourn your loss may not only help you persevere, but also makes others feel as though they are doing something worthwhile. The following list includes more ideas that may be helpful in your situation:
It's understandable that you'd feel angry and frustrated if your loved one's accident was preventable were it not for someone's negligence or reckless driving behavior. In such cases, many South Dakota families have found it therapeutic to seek justice on behalf of a deceased loved one through the civil justice system.
]]>If the last place you want to be when it's cold outside is outside, plummeting temperatures and snow might make you want to curl up under a blanket by a warm fireside with a nice, hot cup of cocoa or cider. It's likely that you'll have to drive in the snow at some point, however, and when that happens, you'll want to be cautious and alert; otherwise, you might be at risk for collision, especially if a negligent driver is nearby.
]]> A recipe for disasterIt's important, no matter what time of year it happens to be, to keep up with maintenance on your vehicle to improve travel safety. Regular inspections, tire rotations and repairs as needed not only help extend the lifespan of your vehicle but also may help you avoid collision. In South Dakota and elsewhere, the following issues are often causal factors in winter accidents:
Winter collisions often involve multiple vehicles. If an initial crash occurs between two cars, the situation may quickly become worse if other vehicles are unable to stop in time to avoid the crash scene. Sadly, many winter collisions result in fatalities.
Where to seek support in the aftermath of a winter accident
If you're involved in a collision, your highest priority is to obtain immediate medical attention after the crash, even if it doesn't appear that you have suffered a life-threatening injury. Moderate injuries can cause partial or full disabilities, and you may need specialized care to obtain as full a recovery as possible.
The financial implications of a winter collision can also be quite burdensome, which is why state law allows accident victims to seek legal accountability against the drivers whose negligence caused their injuries.
]]>NFPA says misuse of heating equipment causes most of the residential fire fatalities nationwide, with the majority occurring from December through February. Further reports indicate that most such fires originated from circumstances that involved flammable objects dangerously close to equipment that provides heat. You might not even realize the risks when you place bedding, blankets, clothing or upholstered furniture near heat sources.
]]> Safety authorities also want you to be aware of the dangers that carbon monoxide pose. The potential of suffering carbon monoxide poisoning increases during the cold winter months. This lethal gas can spread into your home if you leave a vehicle running in an enclosed, attached garage. Fuel-burning equipment such as generators pose the same hazard. The lack of adequate ventilation can cause dangerous levels of carbon monoxide to build up inside your home.It is crucial to follow the instructions of manufacturers if you handle the installation of gas heaters, wood burning stoves or other equipment yourself. Proper installation of equipment, along with CO alarms, might reduce the risk of burn injuries or worse to you and your loved ones. Maintaining CO alarms is also essential, and if even the slightest gas odor is present, you should not light an appliance. Avoid tragedy by leaving the house immediately and calling the gas company or the fire department.
Keep your loved ones safe
NFPA offers the following tips to ensure the safety of your family this winter:
Your legal rights
Despite all your best efforts, you or a loved one might suffer burn injuries due to a defective heating device, smoke or fire alarm, or negligently installed equipment. You might have grounds to pursue financial relief through the South Dakota civil justice system by filing a lawsuit against a property owner if you rent a residence or apartment, or against a negligent manufacturer along with the product's supply chain.
Both premises liability and product liability are complicated fields of the law, and retaining the services of an experienced personal injury attorney can increase your chances of recovering economic and noneconomic damages.
]]>Drunk drivers are menaces to motorists and pedestrians who share their roads. If you suffer because of another person's irresponsible choice to drive while intoxicated, injuries may reach far beyond your physical condition. The emotional and economic losses associated with drunk driving accidents can be just as damaging as physical suffering.
]]> Drunk drivers often repeat their offensesDid you know that before a drunk driver's first recorded offense, it is likely that he or she may have gotten behind the wheel while intoxicated at least 80 times? This is the average amount of drunk driving incidents that occur before a drunk driver is caught and taken into police custody on a first offense.
Someone will die less than an hour from now
Before the clock clicks away 60 minutes, a person in South Dakota or another state will die because of a drunk driver. Approximately every 51 minutes, a precious life is lost because someone chooses to drive under the influence of alcohol.
Not every drunk driving crash proves fatal
While many intoxicated drivers cause deadly collisions, some people survive their injuries. In fact, it is estimated that every two minutes someone in the United States suffers injury in a drunk driving accident. Calculating the number of injuries in a 24-hour period shows just how damaging such behavior can be.
Many people believe misguided information that says choosing one type of alcohol over another will prevent intoxication. It is simply not true, and what's more, the way alcohol affects your body is going to be different than the way it affects another person. There are no set amounts of alcohol that cause intoxication in all people. It varies by person and can even affect the same person differently between incidents.
Recovering your losses
It's understandable that you'd feel angry at a drunk driver who caused you or your loved one to suffer injury. Such accidents often cause frustration in victims because they know their injuries could have been prevented were it not for the other drivers' negligence. Fortunately, state law allows you to seek full recovery for your losses in a civil court against any driver whose negligence caused you physical, economic or emotional loss.
]]>If you are grieving the loss of a loved one after a fatal accident or other type of personal injury incident, you could be entitled to damages through a civil claim. This will allow your family to recoup certain losses and move forward. These types of claims, however, are time-sensitive, and it is in your interests to move quickly to learn more about how this specific option can benefit your family.
]]> How can you know if you have a case?You may be unsure if you have a valid reason to move forward with a civil claim or of how you can protect the interests of your family during this difficult time. It may be beneficial for you to learn more about the elements of a wrongful death case and how you can support any potential claim to compensation. The elements you must be able to prove in order to have a valid case include the following:
Before you move forward with a wrongful death claim, a family will need to appoint a person to act on behalf of the estate. While a civil claim cannot reverse much of the damage done by a wrongful death incident, it can allow a family to address the financial damage done by the unexpected loss of a loved one.
Restitution you may be able to seek through a wrongful death includes financial compensation, damages for emotional trauma and much more. The amount and types of damages depend on the unique factors of the individual case.
Take the first steps
One of the first steps you can take if considering this particular course of action is to seek a complete evaluation of your case and explanation of the legal options available to you. Seeking the opinion of an experienced attorney can allow you to make smart decisions that will benefit your family during this time of grief and stress.
]]>Although there are far fewer motorcycles than automobiles on the roads, a significant percentage of crashes nationwide involves bikes. Statistics also indicate that bikers are more likely to suffer catastrophic or even fatal injuries because motorcycles provide no protection.
]]> Why are bikers more vulnerable?Many people say that bikers take more risks on the roads than automobile drivers do. The fact that the percentage of bike crash fatalities far exceeds the percentage of motorcycles present on the roads might underscore that opinion. Several factors make bikers more vulnerable. The first one is the fact that motorcyclists do not have seat belts, airbags, protective frames and other advanced safety features to protect operators in the event of a crash.
Despite the protection of a safety helmet, gloves, boots and leather riding suits, injuries can be catastrophic. Your helmet, for example, might prevent an open wound to your head, but it cannot stop your brain from smashing into the walls of your skull. Furthermore, motorcycles are much smaller than other vehicles on the road, and drivers do not always see bikers.
Motorcycle accident causes:
Bikers and motorists must comply with the same rules. Crashes do not just happen -- it typically takes negligent drivers or bikers to cause them. The following are just some of the common mistakes made by bikers:
These are but some of the most common mistakes bikers make, but it certainly does not mean vehicle operators are mostly innocent as there is no shortage of drunk drivers. Also, many crashes occur because motorists fail to yield to motorcycles because they either did not see them or they misjudged the speed and distance of an oncoming motorcycle.
Your legal options
If you have to deal with the financial and emotional consequences of a motorcycle accident, you might find comfort in knowing that help is available. An experienced South Dakota personal injury attorney can navigate a lawsuit against a negligent driver. This might allow you to recover and return to work. However, bike accident injuries could be life-changing, and having someone to fight for maximum damage recovery on your behalf will indeed be an invaluable asset.
]]>This problem is widespread and largely unnoticed. Unlike drinking and driving, you may not associate being sleepy with also being dangerous. After all, most people would take the keys away from an intoxicated friend. But a sleepy friend? Maybe not.
]]> Drowsy driving killsThe National Highway Traffic Safety Administration states that 100,000 drowsy driving accidents are reported to police annually, which involve 1,550 fatalities. However, these are only the officially reported numbers, and experts tend to agree that the actual death toll is much higher. Data from a 2015 Governors Highway Safety Association report put the death toll at 5,000.
The AAA foundation estimates that these accidents occur at a rate three times higher than the official, police-reported number. It also believes that, of its estimated 328,000 annual drowsy driving accidents, 6,400 involved fatalities. Another 109,000 injuries likely occur every year.
Sleepy driver equals asleep driver
Driving requires sharp focus and attention. If your eyes are not on the road, you are more likely to cause an accident. Sleepy drivers not only have slowed response times but are also more likely to fall asleep behind the wheel. A survey of adult drivers found that 20 percent admitted they had fallen asleep while driving sometime in the year before the survey. A shocking 40 percent said they had fallen asleep at least once since they began driving.
Even for those who manage to stay awake, there are serious consequences to being sleepy while driving. People who have been awake for 20 hours or longer have a response time equivalent to someone with a blood-alcohol concentration of .08 percent. Their chance of causing an accident is also tripled.
Drowsy driving injuries can be severe
Delayed response times means drivers do not have the ability to hit the brakes or take evasive action. Accidents that occur at high rates of speed are more likely to cause severe injuries and fatalities. This is not to downplay the seriousness of low-speed collisions, which can also cause a surprising amount of damage to both vehicles and their occupants.
There is not much you can do to avoid a drowsy driver, which can be upsetting. No matter how safely you drive, an irresponsible person can still cause an accident. If you received an injury because of another person's negligent driving, you can potentially achieve necessary compensation for your injuries, medical bills, lost wages and other damages. Most South Dakota victims accomplish this through the careful filing of a personal injury suit.
]]>With an ever-increasing number of drivers out on South Dakota roads each day, you may also worry that the chances of encountering a negligent driver are less than favorable. While detecting a possibly hazardous scenario could help you avoid a disaster, it can also prove challenging at times.
]]> Scenarios that could increase the odds of a collisionYou can only control so much of what takes place on the open road, and on some level, your safety lies in the hands of nearby drivers. To protect your well-being, you may wish to know more about the most common causes of collisions so that you can be prepared for a variety of scenarios, and these may include:
If the negligent actions of another driver caused you to suffer serious harm, you may wish to explore the available options for legal recourse. Since this can be a complex process, it might be in your best interests to seek guidance early on.
Personal injury claim
With the extensive costs associated with medical care, suffering severe injuries in a collision could leave you facing a significant financial hurdle. While you might wish to pursue restitution following your accident, navigating the civil justice system can be a complex process. However, by obtaining advice from someone who is knowledgeable in such matters, you could find yourself in a much better position to pursue the restitution deserved through a personal injury claim.
]]>Your instincts to be wary of these massive vehicles may not be as unfounded as you think. Accidents involving trucks often result in catastrophic injuries for people in smaller vehicles. If you end up in an accident with an 18-wheeler, you will more than likely suffer serious injuries, and your accident may be due to one of five common causes of truck accidents.
]]> These reasons constitute the most common causesWhen it comes to truck accidents, the data indicates that these five causes appear most often:
If the truck driver shoulders the blame for your accident, the odds are high it was due to one or more of these reasons. A thorough investigation into your accident will more than likely reveal where the negligence that caused your injuries occurred, along with who may bear legal responsibility for them. Understanding the factors that led to the crash may help you in your pursuit of the compensation you deserve.
]]>In addition to dealing with your recovery, you may be dealing with the added stress that comes with the financial losses you are experiencing. You believe that the other driver caused the crash, and his or her insurance company is giving you the run-around. If you decide to take the next step and file a lawsuit, you may wonder how you will show the court that the other person's negligence caused the accident and your injuries.
]]> What is the "reasonable person" standard?The fact is that accidents do happen. A driver can do everything right and still end up in an accident. However, if a person failed to take the appropriate action or neglected to act appropriately, it may give rise to negligence. When it comes to motor vehicle accidents, the courts will look at whether the alleged at-fault driver failed to do what a "reasonable person" would do. Obeying traffic laws, avoiding distractions, not driving drowsy and not driving drunk are examples of a reasonable person.
This may be obvious, but how does it apply to your claim? How do you show that the other driver wasn't being reasonable at the time of the accident? A South Dakota court will look at the circumstances surrounding the accident in order to make that determination. In some cases, negligence is obvious, such as in the case of a drunk driver, but in others, it may take more to prove.
The evidence can come from anywhere
When saying that the court looks at the circumstances surrounding the accident, that often means more than just those few seconds in which the crash occurred. It may require going back at least a day, and perhaps more, in order to determine what factors led up to the crash. The investigation will include obtaining the information gathered from police at the scene, perhaps talking to the other driver and delving into the details of that person's life.
It can be easy to miss something when gathering the evidence necessary to show that the other driver wasn't acting as a reasonable person if you aren't familiar with how to do so. Fortunately, you do not have to go through this process alone. You can turn to the legal resources in your area to provide you with the help you need in your pursuit of the compensation you deserve.
]]>Sometimes a drowning incident is a pure accident and no one is to blame. Other times, one or even multiple parties could have contributed to the circumstances that resulted in an individual's drowning. Certain cases, like accidents in public pools, have been known to be caused by lack of oversight or environmental hazards.
]]> Is someone liable for my loved one's drowning?You may be asking yourself, was someone at fault for the drowning death of my loved one? If another person's negligence or recklessness contributed in any form or fashion to your loved one's death, then yes, you may have a valid claim for wrongful death.
In some of these tragic situations, one individual's physical actions directly resulted in the drowning of another, while in other scenarios that would also justify a wrongful death claim, a qualified individual may have neglected to act to save the victim from drowning. Poor maintenance or failure to warn about the dangers of the swimming area could also qualify as reasons for another party's liability.
Types of drowning accidents
Water sports such as water skiing, jet skiing and boating can all unfortunately be a source of drowning deaths. Operating any form of boating equipment while under the influence of alcohol or drugs is illegal and can create especially dangerous situations for other individuals in and around the water.
Pools, rivers, lakes and swimming holes are other common areas where drowning accidents are much too frequent. Public swimming areas in South Dakota are subject to particular safety regulations, and thus must be maintained in a manner that keep individuals safe.
Preventive regulations
Federal and state laws create regulations intended to keep people safe. In pools and hot tubs, certain drain covers must be in place to prevent individuals from being sucked under the water and held there. Some older pools and spas have not yet upgraded, but if an accident were to occur, there could potentially be a legal liability.
Where to turn for support
After an accident that claims the life of a loved one, you may be grieving and unsure of where to look for help during this challenging time. In addition to all of the end-of-life expenses, you may have suffered many emotional damages as well. An experienced attorney can carefully analyze the details of your case to determine if the negligent or careless actions of another party contributed to your loved one's passing, and if so, can help you pursue the maximum amount of restitution to which you are entitled.
]]>The same type of confusion, stress and difficulty you'd likely experience if you tried to read a book and talk on the phone at the same time is similar to what happens when those driving cars use their cell phones, text or otherwise distract their attentions away from the road. In fact, analysts say it takes approximately five seconds to glance down at a text message while driving, which is comparable to driving across an entire football field with a blindfold over your eyes.
]]> Know the facts about cell phone use while drivingWhen you drive a car or use your cell phone, it requires cognitive focus. If another motorist fails to focus, you may find yourself in need of urgent support if a collision occurs that causes you injury. The following list provides information that emphasizes the danger of multitasking while driving:
Studies suggest there is really no safe way to multitask while driving. It's one thing if you know and understand this, and try to stay as safe as possible by making good choices behind the wheel. It's quite another if a distracted motorist collides with your vehicle and causes you to suffer injury because he or she was negligent.
What to do if you suffer injury in a distracted driving accident
When another person's distraction results in your injury, you can tap into various support networks to help you through recovery. One of the first things many South Dakota and Wyoming accident victims do is schedule meetings with experienced personal injury attorneys to discuss options for seeking recovery for their losses.
]]>However, you may be reluctant to file a claim to recover your damages, especially if the owner of the dog was a family member or friend. You may be worried that the cost of covering your losses could leave the dog owner in a precarious financial situation. However, many types of insurance that the dog owner is likely to carry should cover your medical and other needs. If your injury is the result of a dog owner's negligence, you are eligible for a full and fair recovery of your damages.
]]> For dog bites in another person's homeIf you were in another person's home or property when the dog bit you, the owner's homeowner's insurance probably covers your injury. The average amount of liability coverage for a homeowner's insurance policy is between $100,000 and $300,000. The insurance may also extend to other places where a bite occurs, like a dog park. Keep in mind that homeowner's insurance will usually cover only the first incident in which an animal injures a person. If the incident occurred in a vehicle, the homeowner's insurance may or may not cover the injury.
For dog bites occurring in a motor vehicle
For incidents occurring in a vehicle, or on a vehicle if the animal is in the back of a truck, a dog owner's liability car insurance will probably cover the bite. Sometimes, both the homeowner's and the auto insurance will cover the dog bite. If this is the case, the insurance companies may dispute the claim and say the other insurance company is responsible. When the two insurance companies settle the dispute, one or the other will pay out for the damages.
The owner is ultimately responsible
If the animal is a repeat offender, the owner may have coverage from an insurer that offers animal insurance. Ultimately, if another person's pet bites you, you are entitled to bring a legal claim to cover your losses. If the incident was due to another's negligence, and no fault of your own, the financial burden of your medical bills and losses will fall to the person responsible. If the responsible party does not pay, you may have to bear the financial burden alone.
For more help
If a dog bites you, and you suffer serious injury as a result, you may wish to explore your legal options. Many personal injury attorneys have experience battling with reluctant insurance companies and can also help you determine who is at fault. Most will also evaluate the claim for free and help start the process of you getting back on your feet after an injury.
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