When to Call a Trial Attorney in Rapid City

As a trial attorney in Rapid City, we are accustomed to representing our clients’ best interests in the courtroom. Most people are unaware that few lawyers actually practice this type of law. Most attorneys work behind the scenes on issues like contracts, preventing lawsuits, or negotiating deals and settlements outside of court. It is rare for attorneys like this to ever set foot in a courtroom. While that aspect of the law is equally important, if there is a chance that your case will end up in court, you need to work with an attorney who litigates on a regular basis. The process is entirely different than it is while negotiating and so is the preparation work required. For your sake, go with an attorney who knows what they are doing.

Signs You Need a Trial Attorney in Rapid City

• You have been injured and are in a dispute with the insurance company.
• You or someone in your family has suffered extensive damages due to a car accident.
• A product harmed you or your family in some way.

When Negotiations Are Not Enough
As a trial attorney in Rapid City, we know that negotiations do not always give you the results you need. In the case of a car accident, for example, it is always wise to begin negotiating with the insurance company attorney to see if a settlement can be reached. In small or minor cases, it often can be. However, there are instances where they may try to push fault or negligence onto you, saying that it was your fault when it clearly was not. They may also give you an offer that is too low to pay for your current or future medical bills, let alone your lost wages and other damages. In these cases, negotiating with them will not be enough to get you what you need, and you will be forced to go to court.

You may also have to go to court if you or your family was harmed by a product defect. These types of civil cases often wind up in court because the manufacturer does not want to accept liability for what happened due to a concern over PR or how the market will react. In this case, it is important to hold them accountable so you can receive the compensation you deserve and no one else is harmed by their defect. Unfortunately, a lawsuit is often the only way to get a company to change the way they do business in an effort to enhance public safety.

If you have been injured or suffered harm and you could need a trial attorney in Rapid City, call us for a free consultation. We can meet with you, discuss your case, answer your questions, and let you know whether you should or should not file a lawsuit and go to court. We will give you fair and comprehensive legal advice so you can make the best decision for your family. If you do decide to go to court, we have the expertise necessary to give you the best opportunity of a successful outcome.

Call a Personal Injury Lawyer in Rapid City If Hit by a Commercial Vehicle

If you have been in a car accident, a personal injury lawyer in Rapid City can help ensure that your rights are protected so you can receive the financial compensation you deserve. Being hit by a non-personal vehicle can create a complicated situation. It does not matter if you were hit by the local school bus, a church van on Sunday morning, a delivery truck dropping off packages, or a county truck checking the utility lines – when hit by a commercial vehicle, the process becomes complex. This is because more parties are involved than you and the other driver. Now the actual owner of the vehicle needs to be considered as well when preparing for your lawsuit.
A Personal Injury Lawyer in Rapid City Explains the Complexity of Accidents Involving Commercial Vehicles

When investigating your accident, more questions will need to be asked and research conducted. For example, we need to know:

• Was the driver speeding or breaking the law in any way?
• Was the driver properly trained and licensed to drive that type of vehicle?
• Did the vehicle malfunction due to improper maintenance?
• Should the driver have had the vehicle out at that time?

The answers to these questions will help determine liability. For example, if a county employee was using their vehicle after hours and without permission, the county would not be to blame for the accident. However, if you were hit while the driver was performing their job duties, we then need to look to the company and determine if the accident was partially caused by their policies or how well they maintained the vehicle. If they, for example, sent a delivery driver out in a vehicle with bad brakes, the company could be partially to blame. If a company allowed someone to take out a truck without a commercial driver’s license, they could be to blame. To determine negligence, much investigation will need to take place, and this is exactly what an attorney can do for you.

For Help With a Complex Case, Call a Personal Injury Lawyer in Rapid City

To make sure your rights are protected, work with an experienced personal injury attorney. Our law firm has the tools, resources, and experience to handle these types of cases and to investigate them thoroughly. By doing so, we can create a game plan that positions you for success. Working with an attorney also benefits you, because it means you do not need to go it alone. You can have someone on your side as an advocate, which means you do not have to deal with the other driver, the business, their insurance company, or their attorney. We can communicate with them on your behalf. Simultaneously, we understand state laws and how to make sure you benefit from working within them, rather than being blindsided by them. For example, most people are unaware that there are laws establishing how long you have to file a lawsuit before you are unable to do so. We can help make sure your rights are protected in all areas. To get started or to learn more, call and schedule a consultation.

Tips for Safe Holiday Travel From an Accident Attorney in Rapid City, SD

It is the wonderful holiday season, and the last thing anyone should have to worry about is calling an accident attorney in Rapid City, SD. Unfortunately, the sad reality is that you may need to. If you are injured during an accident or your car is damaged, and the party at fault is not willing to compensate you for your injuries and damages, we are here to help, even during this hectic time of year.

Wrecks of any kind are typically unexpected. You may set out on your holiday vacation with great weather conditions and sunny skies, only to end up in a snowy and icy area. If an accident happens to occur, simply contact our office for the help you need to work through the process of dealing with the responsible party’s insurance company. We can work to ensure that your medical bills are paid and your lost wages reimbursed so that you do not go into debt when the accident was not your fault in the first place. Until then, we are here to provide you with some tips on how to avoid having to contact an accident attorney in Rapid City, SD this winter by preparing for the unexpected beforehand. 

An Accident Attorney in Rapid City, SD Wants You to Know the Statistical Dangers and What to Watch Out For

The AAA (American Automobile Association) recently estimated that during the Christmas and New Year’s season, nearly 28,000 Americans will be subjected to serious injuries as a result of auto accidents.

The holiday season is a time of constant celebration; unfortunately, this often also means there will be many more irresponsible drunk drivers on the roads. If you notice a car seems to be driving at an unusual speed or swerving, avoid getting near that vehicle. If the car is behind you, consider taking evasive steps, such as pulling over to avoid being rear-ended.

According to the AAA Foundation for Traffic Safety, nearly one-third of fatal drunk-driving accidents take place on the weekends, and the number of fatal wrecks is four times higher at night than during the day. Also, statistically, it is between 12 a.m. and 3 a.m. that the greatest numbers of drunk drivers are out on the road. Consider lessening your exposure to these dangers by avoiding driving late at night, and particularly during those hours when drunk drivers are most likely to be on the road. This is especially important to take into account closer to Christmas and on New Year's Eve and New Year's Day. 

In addition to watching out for reckless and drunk drivers, also keep a close eye on the weather while you travel.  Check the weather forecast periodically so as to be aware of any drastic changes as they occur.  Keep in mind that as the temperature nears 32 degrees Fahrenheit, roads and bridges will begin to ice over. Black ice is common during the winter months and can at time be nearly impossible to see. Snowy roads also pose a danger. Even if you know how to drive safely in the snow, others may not.

We hope these tips have helped you gain awareness of the increased danger of traveling during the holidays, so you can be more careful on the roads. If an accident does occur, do not hesitate to call us for help once you have contacted the police and insurance companies immediately following the accident, and once you have had any injuries treated. An accident attorney in Rapid City, SD knows how to handle a holiday travel accident properly and protect your interests.

What You Should Know: Accident Stats from an Injury Lawyer in Rapid City, SD

An injury lawyer in Rapid City, SD, can help if you have been injured in an accident. Whether you were in a serious car accident or a minor fender-bender, it is wise to seek legal help in ensuring that your rights are protected.  You could be entitled to financial compensation for your injuries but you only have a limited amount of time to file a lawsuit, so schedule a consultation as soon as possible.

To protect yourself from getting in another accident, it helps to understand some of the basic accident data.  Knowing who is the most likely to be in a fatal car crash can help you to avoid one.  According to the U.S. Department of Transportation, National Highway Safety Administration in 2014:

• 2.3 million people were injured in a car accident
• 32,675 people were killed
• 49 percent of passengers killed in a car crash were not wearing a seatbelt
• 31 percent of fatal car wrecks involved alcohol
• In 28 percent of fatal car crashes, the driver was speeding
• 6.1 million car crashes were reported to the police

Good news from an injury lawyer in Rapid City, SD!  The number of people dying in a car crash has been steadily declining.  From 2005 to 2013 there was a 25 percent decrease in the number of crash fatalities.  That means that car safety measures, the higher use of seatbelts and driver education have been helping to make the roads safer for everyone.

As an injury lawyer in Rapid City, SD, I recommend doing specific things to increase the likelihood of you remaining safe if you are in an accident, or avoiding one altogether.  First, it is necessary to follow the rules of the road.  Things like driving the speed limit, using your turn signals, using your lights from dusk on, and staying off the road after midnight, will all decrease the likelihood of you being in a car wreck and becoming seriously injured if you are.  You will also want to remember to wear your seatbelt and ensure that your passengers do as well.

During the holidays, it is more important to be diligent while driving.  Statistically, more people are in alcohol-related accidents during the holiday season.  With meetings and parties turning festive, people tend to drink more and earlier in the day.  The police simultaneously increase their patrols but, still, you need to practice defensive driving in order to stay safe.  Watch for any cars that are speeding up and slowing down, swerving in and out of lanes, stopping suddenly or driving erratically.  When you see them, slow down and stay far enough behind the vehicle to stop suddenly or to move out of the way if needed.  You may even want to get off the road and call 911 if there is no way to safely drive on the same road as them.  It is better to be late to wherever you are going than to be in a car wreck.

If, after being diligent, you are still in a wreck, speak with an injury lawyer in Rapid City, SD.

Call a Car Accident Attorney If You Are in a Wreck Over the Holidays

As car accident attorneys, we know that this can be a dangerous time of the year. The holiday season is full of parties, family celebrations, work events, and traveling. Many of these come with plenty of alcohol and late nights. As a result, there are often more people driving while under the influence of alcohol, which increases the likelihood of an accident. Even if you are driving perfectly sober, the people driving next to you may not be. This makes it important to pay attention to the road and the surrounding cars, so you can practice defensive driving to keep yourself safe.
Here are a few ways you can stay safe while on the road this holiday season:

• Make sure your care is working properly. The first thing you can do is take your car to the shop for a tune-up. Get your windshield wipers checked, rotate your tires, have your vehicle serviced and fluids checked, and have your brakes checked. If you are driving on bald tires or with worn brakes, you may not be able to respond well to changes in road conditions, or to a car pulling out in front of you, etc. If your car is in tip-top shape, you will be better prepared to respond to any circumstance and avoid an accident.
• Do not drive tired. Driving tired is regarded by many as just as unsafe as driving drunk. Be sure to get plenty of sleep at night, and if you are feeling tired, have someone else drive or make other arrangements. If you get behind the wheel drowsy, you may not be able to appropriately respond to another driver behaving erratically, or you may doze off yourself. As car accident attorneys, we recommend not driving when you are tired.
• Stay off the road from midnight to 3 a.m. These are the hours when the most drunk driving accidents occur. Try to minimize your time on the road during this time of the day so that you can lessen your chance of being injured by a drunk driver.
• Do not drink and drive. This goes without saying, but not drinking and driving is an important factor in staying safe on the road. Get someone to be a designated driver instead.
• Check the weather report. If you are going out of town, do not assume that the weather on the road or at your destination will be as good as what it is at home. Check the weather report before you go and plan accordingly. If it looks like snow, freezing rain, or sleet, plan accordingly, such as traveling during daylight so you have better visibility.

If you get into an accident despite these precautions, call a car accident attorney. We can help you and make sure that your rights are protected. This is particularly important for making sure you are not wrongfully blamed for the accident and to work to ensure that you are compensated for your injuries and damages, such as medical bills, lost wages, and pain and suffering. Our goal is to handle the legal process so you can focus on your recovery.

Get Help From a Motorcycle Accident Lawyer

A motorcycle accident lawyer can help you if you have been injured, or if you have lost a loved one, in a wreck caused by another person.  Motorcycles are less visible which contributes to motorcycles often being involved accidents. Most people become so accustomed to driving near and seeing other full-sized vehicles, they do not notice or remind themselves to look for less noticeable vehicles like motorcycles. Since protection to motorcycle riders is also limited, those motorcycle riders that are hit are more likely to be killed or injured. One group estimated that in 2013 the likelihood of dying as a result of a wreck was 25 times greater for motorcycle riders than for drivers of regular vehicles.
With such statistics, sadly, it is likely that someone you know will be fatally injured while operating a motorcycle. If you or a loved one has been injured while operating on your motorcycle due to the negligence of another driver, a motorcycle accident lawyer can help. There are many factors to consider and address in a motorcycle accident claim, and we can help you gather the information you need and organize it to best prepare your case.
You should consider seeking out the help of a motorcycle accident lawyer if:

• If the accident happened because the other driver was negligent, reckless, careless, violating a traffic law (e.g. speeding, failing to stop/yield), drunk or under the influence of alcohol, distracted (e.g. using their phone, texting, etc.), inexperienced,
• If the accident happened due to poor workmanship at a repair ship, or if your motorcycle had faulty factory components.
• The other driver did not have legitimate insurance, meaning that you may have to submit an “uninsured motorist” claim to your own insurance company.   

In many accidents, the person who hit you was breaking a traffic law or driving negligently. When the other driver fails to comply with a traffic law, he/she is negligent. When injured in an accident, you have the right to seek compensation for your injuries and damages. When the case goes to trial, one of the main issues that will be discussed is whether the other driver breached their duty of care and is therefore liable for the injuries and damages that he/she caused.
If you are interested in filing a claim, you will need the appropriate evidence to support it. We can help you gather the evidence you need and determine what evidence helps prove that the other person was at fault for the accident and shows the injuries and damages that you sustained, such as medical bills, lost wages, lost income in the future, etc. Police reports, the names of witnesses, footage from any nearby surveillance cameras, photographs, and medical records and bills are important to gather together if you have access to them.
If you have been injured, or someone you know has been injured or killed due to another driver’s mistake, you should get help from a motorcycle accident lawyer as soon as you can to ensure that the proper evidence is secured and your claim is properly prepare.

Preparing for Your Deposition: Tips From a Trial Attorney

If you need a trial attorney, call our office to schedule a consultation. We know that most people experience a great deal of anxiety when called to give a deposition. In most cases, their nervousness is because never having done so before, they are often completely in the dark regarding the entire legal process. They do not know what the objectives of a deposition are, what to expect, what pitfalls to look out for, or even what to wear. Because being prepared is more than half the battle, the following tips from a trial attorney on preparing for your deposition should help the entire process go more smoothly, with minimal stress on you. But first: What Is a Deposition? A deposition is a formal, legal proceeding that takes place not in a court, as you might expect, but usually in the office of one of the attorneys. Although no judge is present, a court reporter will administer the oath to the deponent and will also record your sworn testimony to be used in the trial at a later date. During the deposition, you will be asked questions by the opposing counsel, as would happen when cross-examined in court. What Is the Purpose of a Deposition? A deposition is taken for three primary purposes. The opposing attorney wants to learn everything they can about the case and intends to find out what you know about the issues and what you are going to say at trial. They also hope to catch you in an untruth or spot any discrepancies in your testimony to use at trial to show that you are not a witness who can be relied on. This is especially true if your testimony at trial varies in any extent from your testimony in the deposition. Tips From a Trial Attorney for Preparing for Your Deposition. Perhaps the most important fact to remember is that regardless of how nice and friendly the questioning attorney seems to be, they are not on your side. 1) Think Before You Answer: Take your time. It always makes sense to pause and think about the question you have just been asked. This also gives your attorney time to raise an objection to the question if they see fit. Also, never try and answer a question before the attorney has finished asking it. Not only is the court reporter unable to take down what two people are saying at the same time, which makes for a confused transcript, but the question may be slightly different from what you first thought. 2) Make Sure You Understand the Question: It is very important that you pay close attention to every question asked. If the question seems vague or unclear, ask the attorney for clarification or to rephrase the question. You could say something like, "What do you mean by that?" If there are two parts to a question, ask the attorney which they would like answered first. Remember that the longer the question, the greater the possibility you will answer it incorrectly. 3) Keep Your Answers Short and Do Not Volunteer Information: As far as possible, limit your answers to a simple "yes" or "no." While you should not attempt to evade any questions or decline to give facts you are aware of, it is unwise to attempt to insert facts you think might be favorable to the case or argue your position. Remember that lengthy answers often reveal more information to the opposing attorney than your attorney may want them to know. Also, do not attempt to fill in any breaks or pauses in the questions. Volunteering information or telling the attorney what you think they want to know helps the other side. If a direct question hasn't been asked, do not say anything. 4) Stay Calm: Getting angry or excited may cause you to say things that do not "come out right" and could be later used against you. Also, remember that mental fatigue sets in very quickly. If you find you are getting tired, do not be afraid to ask for a break. 5) Do Not Be Afraid to Say You Do not Know or Do Not Remember: There is not a person alive who can remember every single detail of an incident; therefore, do not be afraid to say you do not remember something if that is the truth. Your credibility is at stake here, so do not attempt to embellish details you do not actually remember. 6) Do Not Guess: All too often, the questioning attorney will ask you to give your best estimate of something, like the speed a vehicle was traveling at or how far away something was. Be aware that most people are very poor when it comes to estimating these kinds of numbers, and their best "guess" can often be proved wrong scientifically. Thus, the opposing attorney can show that you have no idea what you are talking about or that you are deliberately misstating facts. 7) Be Wary of Summaries: It is common practice for the opposing attorney to summarize your testimony after answering a number of questions. However, all too often, the summary will be a mixed bag of things you said and some misquotes. If you do not agree with the summary, say so when questioned, then calmly point out which parts are inaccurate. 8) Tell the truth. This is very important. Any lies or half-truths will come back to haunt you and could, if severe enough, tip the balance of the trial. We hope that when preparing for your deposition, these tips from a trial attorney will make the experience more comfortable for you.