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In South Dakota, the statute of limitations for filing a personal injury claim resulting from a truck accident is three years from the date of the incident. Failing to file within this timeframe can result in losing your right to seek compensation.
South Dakota uses modified comparative fault rules, meaning that you can recover damages as long as you are 50% or less at fault for the accident. If you are found to be more than 50% at fault, you cannot recover any damages.
Immediately following a truck accident, ensure your safety and the safety of others. Call 911 to report the accident and seek medical attention if needed. Document the scene, gather evidence, and exchange information with the truck driver, while avoiding admitting fault.
Trucking companies are required to carry liability insurance, which can be quite substantial given the potential for serious injuries. After an accident, you will typically file a claim with the trucking company's insurer, which will then assess the claim based on the circumstances of the accident.
In South Dakota, you can recover various types of damages, including medical expenses, lost wages, pain and suffering, and property damage. If the accident has resulted in a disability or long-term impacts, the potential damages can be significantly higher.
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