When driving a truck or any other motor vehicle, something as simple as a botched turn can become fatal. If someone does die in a truck accident, their family has a specific remedy through a civil wrongful death case.
A fatal pickup truck accident in Yankton, South Dakota resulted in deadly injuries while one of the drivers was turning.
Pickup truck collides with another vehicle during a turn and kills the driver
Law enforcement responded to the scene just after 10:30 pm on a Monday night. The incident happened near the intersections of Fourth Street and Summit Street in Yankton.
Police believe that a car was going westbound on Fourth Street, then had trouble navigating a right curve while trying to turn northbound onto Summit Street. The pickup truck driver was going eastbound at this time and collided with the car.
The pickup truck driver was a 32 year old male who had serious injuries, but he was expected to live. The 35 year old female victim was sent to the same hospital as the pickup truck driver, but she died shortly after arrival from her injuries.
The state highway patrol was going to conduct a full investigation to determine the exact cause of the accident and verify crucial pieces of information.
Wrongful death lawsuits in South Dakota
When someone dies in a fatal motor vehicle accident, their family can bring a case on their behalf to receive compensation for various kinds of expenses. This is a civil case, and the outcome of any criminal charges related to the same accident will not affect the wrongful death lawsuit.
South Dakota has some specific provisions in its wrongful death law that are different from other states. Certain family members can bring the action within three years of the victim’s death. This is a short statute of limitations, and if this timeframe passes, the family can no longer file. The party bringing the case must also prove that there was a wrongful act, negligence, or default caused by the defendant that led to the family member’s death.
The person who brings the lawsuit needs to be the representative of the deceased person’s estate. This is usually someone appointed by the courts after the victim has died and their property interests are distributed. Any damages that this person recovers will actually go to the deceased person’s spouse, children, parents, or certain other next of kin depending on who is available. A lawyer may also be entitled to part of these winnings as a contingent fee for their services.
Talk to a truck accident attorney in South Dakota