Alexander Levene and David Husman v. Staples Oil Co., Inc., et al.

Sioux Falls, South Dakota personal injury lawyer represented the Plaintiff who sued the Defendants on auto negligence theories claiming to have suffered more than $2 million in damages and/or injuries as a direct result of a car truck wreck caused by Albertus Schelhaas while driving a vehicle owned by Staples Oil Co., Inc.



"Key Elements of South Dakota Auto Negligence Law:



Duty of care: Every driver in South Dakota has a duty to operate their vehicle safely and follow traffic laws to avoid harming others. This includes:

Speeding

Distracted driving

Driving under the influence (DUI)

Reckless driving

Failing to yield right of way

Ignoring traffic signals

Breach of duty: The injured party must prove that the other driver breached their duty of care, causing the accident and resulting injuries. Evidence like:

Police reports

Witness statements

Accident scene photos

Vehicle damage photos

Medical records

Proximate cause: The breach of duty must be the direct cause of the accident and injuries. Simply showing the driver was negligent isn't enough; you must prove their negligence directly caused the harm.

Damages: If all elements are proven, the injured party can seek compensation for various damages:

Medical expenses

Lost wages

Pain and suffering

Property damage



Modified Comparative Negligence:



South Dakota follows a modified comparative negligence rule. This means the injured party's own negligence can reduce their compensation proportionally. For example, if they're 20% at fault, their damages are reduced by 20%. However, exceeding 50% fault bars them from recovering any damages.



Statute of Limitations:



Claims for auto negligence in South Dakota have a three-year statute of limitations, meaning you must file your lawsuit within three years of the accident date.



Additional Points:



Insurance: South Dakota requires drivers to carry minimum amounts of liability and uninsured/underinsured motorist (UM/UIM) coverage. This can play a significant role in covering damages and navigating negligence claims.

Seeking Legal Help: Consulting with an experienced personal injury attorney specializing in auto negligence law is crucial for understanding your rights and options after an accident.



Here are some specific scenarios where South Dakota auto negligence law might apply:



Car accidents: A driver violating traffic laws and causing a collision could be liable for resulting injuries due to negligence.

Hit-and-run accidents: The injured party can still pursue compensation through their UM/UIM coverage if the at-fault driver is unknown or uninsured.

Pedestrian accidents: Drivers have a duty to exercise due care towards pedestrians and are liable for causing injuries due to negligence."



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Settled for an undisclosed sum and dismissed with prejudice.