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How Your State Traffic Laws and Citations Issued Can Help Prove the Other Driver’s Negligence

Drew Duncan
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Partner at Zimmer, Duncan and Cole, LLP

When a negligent driver causes you to suffer serious injuries in an automobile accident, you may have no choice but to file a claim with his insurance company. After all, you will need compensation to pay for your medical bills and the wages you may lose while you are off work recovering. However, you will need to prove the other driver’s liability in order to obtain the settlement you are entitled to. One way to do this is to use South Dakota’s traffic laws and any traffic citations issued to prove the other driver’s fault.

How to Find Traffic Laws and Citations Issued That Can Help Your Claim

Even if the liability of the motorist who hit you is black and white, his insurance adjuster will not admit this. You will need to convince him that the driver was in fact negligent. Evidence that adjusters often find compelling are traffic citations issued to the other driver and other violations of South Dakota’s traffic laws. Here’s how you can locate this important information:

  • Police report. If the police were called to the scene of your crash, you want to obtain a copy of the police report. It will list whether any traffic citation was issued. In addition, it will contain other great evidence regarding liability, such as the length of skid marks, weather conditions, the position of the vehicles and the point of impact, witness statements, and the officer’s conclusions as to what caused the crash.
  • South Dakota’s traffic laws. You want to obtain a copy of South Dakota’s traffic laws from your local office of the Division of Motor Vehicles or library and research the traffic laws regarding the citation issued to the other driver. You can also look for other traffic laws you believe were violated. Just because a ticket was not issued does not mean that the driver did not violate another traffic law.

Even if no citation was issued, the police report can provide a wealth of information that can help establish how the accident occurred, the traffic laws violated, and why the other driver was at fault.

Were you or a family member injured in an automobile accident caused by another driver? Start an online chat or call our firm today at 888-733-2992 to schedule a free, no-obligation consultation to discuss your situation with one of our experienced car accident attorneys.


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