South Dakota’s highways are vital corridors for interstate commerce, with thousands of commercial trucks traveling through the state daily on I-90, I-29, and other major routes. While these vehicles are essential to our economy, trucking accidents can result in devastating consequences for victims and their families.
The Unique Dangers of Trucking Accidents
Commercial truck accidents differ significantly from typical passenger vehicle collisions. A fully loaded semi-truck can weigh up to 80,000 pounds—roughly 20 times more than an average car. When these massive vehicles are involved in accidents, the results are often catastrophic, including:
- Severe injuries such as traumatic brain injuries, spinal cord damage, and broken bones
- Permanent disabilities that affect your ability to work and enjoy life
- Substantial medical expenses and ongoing rehabilitation costs
- Significant property damage
- Tragically, wrongful death
Common Causes of Trucking Accidents in South Dakota
Understanding how truck accidents occur is crucial for prevention and establishing liability. Common causes include:
Driver Fatigue: Despite federal Hours of Service regulations limiting driving time, some truckers and companies push these limits, leading to exhausted drivers on our roads.
Distracted Driving: Texting, eating, or using in-cab technology while driving can be especially dangerous when operating an 18-wheeler.
Inadequate Training: Some trucking companies fail to properly train their drivers, particularly on handling South Dakota’s varying weather conditions and rural roads.
Poor Maintenance: Brake failures, tire blowouts, and other mechanical issues often result from inadequate vehicle maintenance and inspection.
Improper Loading: Overloaded or improperly secured cargo can cause trucks to jackknife, roll over, or lose their loads on the highway.
Weather Conditions: South Dakota’s severe weather—including snow, ice, high winds, and sudden storms—creates additional hazards for large commercial vehicles.
Who Can Be Held Liable?
Trucking accident cases are often complex because multiple parties may share responsibility:
- The truck driver
- The trucking company
- The truck owner (if different from the operator)
- Cargo loading companies
- Truck maintenance providers
- Truck or parts manufacturers
- Other negligent drivers
Determining all liable parties is essential to ensuring you receive full compensation for your injuries and losses.
South Dakota Laws That Affect Your Case
South Dakota does not follow a comparative fault system. South Dakota juries are instructed that if the Plaintiff is “negligent more than slight” recovery is completely barred. This is different from the majority of other states.
The Federal Motor Carrier Safety Regulations (FMCSRs) are a set of rules established by the Federal Motor Carrier Safety Administration (FMCSA) to improve the safety of commercial motor vehicles (CMVs) operating in interstate commerce.
These regulations cover a wide range of areas including driver qualifications, hour of service, vehicle maintenance, drug and alcohol testing, cargo securement, driving practices, hiring and training practices, and much more. These mandatory regulations must be strictly complied with and it is vitally important to have a trial lawyer who both knows and understands these regulations and their importance to holding responsible parties and their commercial insurance carriers accountable.
It is critical to act quickly. Certified preservation of evidence letters should be issued immediately to ensure that vital evidence key to holding accountable parties responsible is not forever lost. Digital evidence often includes vehicle telematics, electronic control module, electronic driver logs, and more.
What Compensation Can You Recover?
Victims of trucking accidents in South Dakota may be entitled to various types of compensation, including:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Loss of enjoyment of life
- In wrongful death cases, funeral expenses and loss of companionship
Why You Need an Experienced Attorney
Trucking companies and their insurers have substantial resources and legal teams working to minimize their liability. Having an experienced personal injury attorney on your side levels the playing field. An attorney can:
- Conduct a thorough investigation to determine all liable parties
- Obtain and analyze critical evidence such as driver logs, black box data, and maintenance records
- Work with accident reconstruction experts and medical professionals
- Handle negotiations with insurance companies
- Ensure you don’t settle for less than your case is worth
- Take your case to trial if necessary
Take Action to Protect Your Rights
If you or a loved one has been injured in a trucking accident in South Dakota, don’t face the aftermath alone. The physical, emotional, and financial toll can be overwhelming, but you don’t have to navigate this challenging time without support.
Time is of the essence in trucking accident cases. Evidence can disappear, witnesses’ memories fade, and crucial deadlines approach. Contact an experienced South Dakota personal injury attorney as soon as possible to discuss your case and learn about your legal options.
Your focus should be on healing—let an experienced legal advocate fight for the compensation and justice you deserve.