Insurance Attorney in Rapid City Explains How New Black Boxes Work

As insurance attorneys in Rapid City families trust, we help those injured in a car accident to receive the compensation they deserve for their injuries and damages.  We typically get involved after an accident has taken place and can make sure that the insurance companies do not force you to accept a “lowball” settlement offer that does not compensate you for your damages.  By working with you, reviewing your medical bills and wage loss documents, and working with the necessary accident reconstruction and/or medical experts, we can help to determine what amount will be required to address your injuries and damages both now and in the future.  

Can an Event Data Recorder – sometimes referred to as a “black box” – influence my insurance claim?

While working on accident cases we deal with Event Data Recorders (“EDRs”, or “black boxes”). If you are unfamiliar with what these are, generally, they monitor and record certain information and data in a vehicle, similar to the black boxes found in airplanes. Beginning in 2014, new cars, light trucks, SUVs and vans less than 8,500 pounds are required to have one built in.  EDRs often record what happens leading up to a car accident, such as throttle position, speed, velocity change, and brake application in the moments leading up to and during an accident.  The data can then be accessed/downloaded after the collision in order to get an idea of what actually took place during the collision.  

As insurance attorneys in Rapid City, we want to know what year your car was manufactured so that we can determine if an EDR was in your vehicle or the other party’s vehicle and whether information from the EDR can be retrieved. As with anything, the information may not tell the entire story, you still need an attorney to represent you. 

EDRs often give a moment by moment account of various vehicle data in the moments leading up to and during the crash.  Not only can such information often provide reliable information about the collision such as whether a person was speeding or not, but, sometimes, it can even tell if someone else was also in the car.  This is an incredible level of information. 

As insurance attorneys in Rapid City, we always recommend that you consider hiring an attorney instead of negotiating directly with the insurance company on your own.  When it comes to cars with these “black boxes” or EDRs, the assistance of an attorney that is familiar with them becomes even more important.  Data without context is still open for interpretation, and could be used by the other party or his/her insurance company to attempt to paint a different version of events than what you know occurred in the moments leading up to and during the accident. Ultimately, the complicated issues that can arise due to EDRs and “black boxes” in vehicles is simply another reason why it is a good idea to consult with an accident or injury attorney in Rapid City after you have been injured in a wreck.

As injury lawyers in Rapid City SD, we work hard to help individuals and families receive quality legal representation.  If you have been a victim of another persons’ intentional, reckless, careless, or negligent actions, and you need help recovering the compensation and damages you are entitled to under the law, look no further, we are a skilled and experienced injury lawyers in Rapid City SD. At our law office, we sincerely understand that the effects of injuries on accident victims and their families can often be, to say the least, overwhelming. Our attorneys will guide you safely through the insurance claim and/or litigation process, and make sure that your best interests are represented at all times.

Personal injury insurance claims and personal injury law is complicated and, to a certain extent, confusing for most people, however, our experienced legal staff are equipped to handle any type of injury lawsuit.  Put our legal experience to work, and let us advocate on your behalf so you can focus on your recovery. It is especially important for you to consider consulting an experienced lawyer prior to accepting any offers made by the other party's insurance company since, generally, once you release the other party and their insurance company, you cannot later ask for additional money.

Protect Your Rights
Not only do we aggressively negotiate with responsible parties and their insurance companies, if necessary we don't hesitate to take a case to trial if the other party or their insurance company is unwilling to offer you a fair settlement.  We often rely upon our clients’ doctors, and other experts such as accident reconstructionists, engineers, vocational experts, life care planners, and economists to explain what happened and demonstrate what will be required to ensure that our clients' current and future financial and medical needs are met.

Financial Compensation 
Regardless of how you were injured, and whether the injury is mild, moderate, or severe, we will focus on seeking compensation for your past and future medical expenses, your past and future lost wages, and your loss of enjoyment of life and pain and suffering.

Often times, insurance companies challenge the damages you allege you have sustained and will attempt to avoid having to pay you what you believe you lost or were damaged. Keeping records in order from your accident is therefore very important, such as medical bills, lost wage information, receipts for other accident related expenses, and any other documentation linked to the incident.  We can help you with this process, and many of our clients actually have us obtain and organize their medical records and bills. One of our injury lawyers will also examine your insurance policy, to see exactly what coverage is available under your policy, and work with you in calculating the amount that it will take to reimburse you for all of the damages that you have incurred. Once we have reached a figure you are comfortable with, we will pursue it on your behalf with the negligent party's insurance company.  We make every effort to ensure that our clients recover the damages they have sustained.

Don't Hesitate
If you or a loved one has been injured in an accident, don't hesitate to call an injury lawyer in Rapid City SD to discuss your rights. We welcome your call and look forward to helping you understand how the law provides for compensating you for injuries caused by the negligence of others.

A Motorcycle Accident Attorney Can Protect Your Rights

If you are one of the many people who enjoys the freedom of the open road, working with a motorcycle accident attorney may be the last thing on your mind.  However, as you know, if a motorcycle is struck by another vehicle, it is usually the motorcyclist who, without the protections afforded by being inside of typical car or pickup is very vulnerable and usually injured far more seriously than the person in the car or pickup. However, regardless of the seriousness of the accident, the one person you should not forget about, or attempt to do without, is an attorney who is experienced in motorcycle accidents.

Unfortunately, there seems to be a number of people out there who have a negative view of bikers, which could affect what happens at the scene of the accident and afterwards. The actions of the motorcyclist, who may not have been at fault at all, are often looked at first.  A motorcycle is not as easy to see as a larger four wheeled vehicle, and failing to notice a motorcycle is one of the leading causes of accidents involving a motorcycle and other kinds of vehicles. For example, if a driver is not paying careful attention, particularly during times when there are a lot of vehicles on the road, it is all too common for a driver of a car or truck to not see a motorcyclist and, for example, make a left-hand turn right in front of a motorcycle, or make a lane change into the path of a motorcycle. However, not 'seeing' the motorcycle is not an acceptable excuse for causing an accident and striking a motorcyclist.

It has been estimated that some 70% of accidents involving a motorcycle and another kind of vehicle were due to the driver of the vehicle not seeing the motorcyclist.  This means that often the accident was not the motorcyclist's fault - making hiring a motorcycle accident attorney important. Determining who is legally responsible is one of the most important challenges in any traffic accident and usually involves visiting the scene, interviewing witnesses, etc. All of which we will make sure happens.

It is very important to remember that the responsible party’s insurance company is not working on your behalf.  Instead, their goal is to try and get rid of your claim for as little as possible.  Their adjusters are seasoned, and usually very competent, and are skilled in negotiating and attempting to convince you that you should accept a lower amount to resolve your claim.  For this reason, it is helpful to have a motorcycle accident attorney representing your interests.

As experienced, knowledgeable, and detailed motorcycle accident attorneys, we are familiar with the intricacies of the law and will take all steps to protect your legal rights - regardless of how complex the circumstances.  And, as is so often the case, if the accident was caused by the other party, we will focus on helping you recover the damages you have sustained, that may include, but are not limited to, past and future medical expenses, lost wages, a loss of the ability to earn wages in the future, and pain and suffering. 

Accident Attorney in Rapid City SD Can Help in a Multi-Car Collision Case

You should speak with an accident attorney in Rapid City SD if you have been in a multi-car accident.  These happen on a frequent basis, especially when it is dark, or the weather is bad.  Whenever there is decreased visibility, and the roads are slick, it becomes harder for other cars to see an initial accident and stop in time to avoid becoming part of it unless they are proceeding at a sufficiently slow speed.  This is one of the reasons that it is so important to keep a sufficient distance between you and the vehicle in front of you.  This way you have more of an opportunity to stop or swerve out of the way and avoid becoming part of the pileup.  

As a lawyer, these cases can be particularly interesting due to the concept of negligence.  In a typically personal injury cases, negligence must be established since that determines who is financially responsible for the damage and injuries that occurred.  In cases like a rear-end accident, is often much easier to prove who was to blame, whereas in other cases it may be less clear and require further research and investigation.  This could not be truer than with a multi-car collision. 

As accident attorneys in Rapid City SD, we see several types of multi-car accidents.  Perhaps the most common is when there is a lot of traffic on the road and everyone is following the car in front of them too closely.  When one stops abruptly or gets in a collision, the other cars subsequently hit each other until you have a line of vehicles that are sitting on the highway with damage.  The best way to try to avoid such an accident is by ensuring that you do not following too closely and keep enough distance between you and the next car in front of you.  Regardless of where you were in the pileup it is important that your interests are protected.  We can do the research necessary to determine who was at fault so that you are compensated for your injuries and for the damage to your vehicle. 

Another, less common occurrence is when someone becomes injured after his/her vehicle is struck multiples times.  This is more likely to occur when a damaged car cannot make it off of the roadway.  If, for example, a car is involved in an accident and ends up damaged and resting in the roadway, another car could hit the original one.  If you are involved in such a collision, it is important to do whatever you can to ensure your safety and the safety of others, such as turning your hazard lights on and perhaps moving yourself to the edge of the roadway.

If you have been involved in a complicated case like this, we can help.  As accident attorneys in Rapid City SD, we can review your case and let you know what steps to take next. 

Speak With a Car Accident Lawyer If Your Car Malfunctioned, Leading to an Accident

As car accident lawyers, it is clear in many of the cases we see that the other driver was at fault and how the collision injured our client.  While some cases may be more complicated where, for example, the other driver claims that our client was also at fault, most of the time the cause of the accident is clear. However, if you were driving and felt like your car didn’t respond like it was supposed to, or you lost control, it’s possible that there was a problem with your vehicle and that your driving was not the cause. In order to find out, we encourage you to schedule a consultation for us to discuss the circumstances surrounding your accident.

Here’s why –

There have been cases where car manufacturers have sold faulty or defective vehicles and/or components that have led to accidents or injuries.  Sometimes these types of issues result in the notices of recalls that you see in the news.  It could be something like a risk of a car tipping or rolling, a seatbelt working incorrectly, etc.  While we all like to believe that our cars are properly designed and manufactured, this is not always the case. 

Perhaps, the largest recent incident of this was with Toyota and concerned an issue with “unintentional acceleration.”  According to the FBI, Toyota was aware of the problem, did not recall the models, and continued to manufacture and sell cars with the same problem part. One incident that was reported occurred in 2009 when an off-duty police officer and his family were driving in their Lexus E350.  It was reported that the car accelerated beyond his control and sped up to 120 miles per hour.  Although one of the passengers was apparently on the phone with 911 while this was taking place, the car ultimately crashed, and four people in the Lexus were killed.  The FBI’s pursuit of the matter ultimately resulted in Toyota agreeing to pay a financial penalty in the amount of $1.2 billion as part of a deferred prosecution agreement.  As a car accident lawyer, this is not something that we commonly see, but if a strange accident occurs it needs to be examined further. 

One way to tell if something may have been amiss is if you feel like you were following all of the rules of the road and the car simply didn’t respond like it was supposed to.  For example, if you applied the breaks but the car didn’t stop, or if you took a turn at a normal speed and the car suddenly tipped over or rolled.  Your car is supposed to respond to your commands, and when it doesn’t, it may be because it was defective.  Even if you were given a ticket for the accident, that is not determinative; if the vehicle was defective, the manufacturer is at fault should be held accountable. 

As car accident lawyers, we can review your case and discuss the details to determine if the case warrants further examination.  It is important to determine if a problem with the vehicle was responsible for the accident so that you can receive compensation for your injuries. 

If You Bought a Product That Made You Sick: Speak With a Civil Litigation Attorney in Rapid City

As a civil litigation attorneys in Rapid City, we help clients to receive financial damages for something that happened to them.  It is important to make this distinction because most people don’t understand the difference between a criminal and civil case.  A criminal case is one filed by a prosecutor (sometimes called the “States Attorney” or the “District Attorney”) and if a person is convicted, they will face potential jail time and/or fines. On the other hand, a civil case is a non-criminal case filed by your attorney and seeks other relief, such as financial damages to compensate for your injuries, medical bills, lost wages, and pain, and suffering, etc.

If you were injured by a defective machine or product, you would want to speak with a civil attorney to see whether you can recover compensation for your injuries and damages.

A defective product claim is often one of three types:  a failure to properly design a product; a failure to properly manufacture a product; and a failure to properly warn or instruct about a product’s use.

As a civil litigation attorney, we need to determine whether the person’s injuries or death resulted from a defective design, defective manufacturing, or a failure to warn and instruct on the product’s use.  Sometimes the person’s injuries resulted from a combination of these causes.  We then identify who is responsible for these steps in the process so that we can include the proper party(ies) in the lawsuit. We can’t know for sure until we start investigating the product, the event which injured the person, and other circumstances surrounding the case. This is similar to how a detective needs to build a case when catching a criminal. It takes time and focus, but we are confident in our ability to clearly identify and pursue the parties at fault.

The best way to get started is to schedule a consultation to discuss the details of your case further.  As a civil litigation attorney in Rapid City, we can then advise you as to how to proceed.

Work With a Personal Injury Attorney to Prove Negligence in South Dakota

If you have been in a car wreck you should speak with a personal injury attorney to ensure that you understand your rights and how to recover compensation for your injuries and damages.  In South Dakota, like any other state, this is important due to the laws governing liability for negligence. Just because you were in an accident, doesn’t mean that you will receive compensation.  You need a skilled attorney to review your case and to analyze whether the other party was at fault. 

The concept of negligence is important in any personal injury case.  Proving negligence is to prove that the other party caused the accident because they failed to use reasonable care by, such as by speeding, failing to keep a proper lookout, or failing to stop or yield at an intersection. For example, when someone drives drunk, which is negligent because everyone knows that you shouldn’t drive after drinking alcohol. The same applies to texting while driving.  If the other driver was texting and therefore distracted, not keeping a proper lookout, they would be negligent. The concept of negligence is fairly simple, but in some cases it is more difficult to prove, particularly if evidence is lost or not documented.

As a personal injury attorney in South Dakota, we will take the time to go over every detail of your accident starting with what you were doing before it happened, when it happened and after.  We want to know the details so that we can build a case and be able to prove that the other party caused the accident.  Proving, that they were negligent is necessary to hold them accountable for your damages.

In South Dakota, if you were failing to keep a proper lookout while driving (perhaps because you were  texting) and the other driver ran a stop sign, you could both be considered negligent since you both failed to use reasonable care.  In South Dakota, if the jury finds that you were also negligent – or “contributory negligent” – and your negligence was “more than slight” in comparison to the negligence of the other driver, you will not recover damages from the other driver.  It is our job to gather evidence that confirms that your account of the facts is correct, and to demonstrate your injuries and damages. The other party and their automobile insurance company will do whatever they can to minimize both their responsibility and the amount that they have to pay to you to settle the case.

Due to negligence laws, working with a skilled and experienced personal injury attorney is important.  

We invite you to schedule a consultation to discuss your case and the best way to proceed. Bring any documents, photographs, or other evidence you have so that we can review it and make the appropriate recommendations for what you should do next.