A car accident lawyer in Sioux Falls provides legal representation and assistance to accident victims who have suffered injuries due to the negligence or wrongdoing of another party. A large part of moving forward with a car accident claim is determining liability.
Determining Liability in a Car Accident
Determining liability for a car accident in Sioux Falls, South Dakota, is based on the principles of negligence. To establish liability, it’s important to show that one or more parties involved in the accident were negligent and that this negligence was a direct cause of the accident.
Here are the key steps and factors involved in determining liability for a car accident in Sioux Falls:
Duty of Care: In any car accident case, the first step is to establish that the at-fault party owed a duty of care to others on the road. This duty of care is a legal obligation to drive safely and follow traffic laws to prevent harm to others.
Breach of Duty: To establish negligence, it must be shown that the at-fault party breached their duty of care. This can involve demonstrating that they violated traffic laws, engaged in reckless behavior, or failed to exercise reasonable care under the circumstances.
Causation: It’s essential to establish a causal connection between the at-fault party’s breach of duty and the accident. In other words, you need to show that the negligent actions directly led to the collision and resulting injuries.
Comparative Fault: South Dakota follows a modified comparative fault system. This means that if both parties share some degree of fault for the accident, their liability for damages will be apportioned accordingly. However, if a party is found to be more than 50% at fault, they may not recover damages.
Evidence: Gathering evidence is crucial in determining liability. This may include eyewitness statements, police reports, photographs of the accident scene and damage, traffic camera footage, medical records, and expert opinions, if necessary. Eyewitnesses can provide valuable accounts of the accident. Their testimonies can help establish who was at fault and what transpired leading up to the collision.
Police Report: The responding law enforcement officer’s accident report can be a critical piece of evidence. It typically contains details about the accident, statements from involved parties and witnesses, and the officer’s assessment of fault.
It’s important to note that determining liability can be a complex process, and the outcome may vary depending on the specific circumstances of the accident. If you’re involved in a car accident in Sioux Falls and believe you are not at fault, it’s advisable to consult with a personal injury attorney who can help you gather evidence, assess liability, and advocate on your behalf to pursue compensation for your injuries and damages.
Reach Out to 1-800-Injured to Connect With a Sioux Falls Car Accident Lawyer
Hiring a skilled personal injury lawyer can significantly increase your chances of obtaining fair compensation for your injuries and losses after a car accident. Connect with 1-8000-Injured, a medical and legal referral network, to find one. When you do, you will get a free and immediate case review.
In Sioux Falls, car accident lawyers work on a contingency fee basis, meaning they only get paid if you win your case or reach a settlement. This fee is typically a percentage of the compensation you receive.