Legal Question in Personal Injury in South Dakota

Each of the victims in this accident have their own separate claims against the driver. In the case of the two persons who died, their statutory beneficiaries have the right to bring claims for "wrongful death." Your daughter has a claim for personal injuries based on the wrongful conduct, we will call it negligence, of the other driver. This is the "normal" cause of action for personal injuries in an auto accident case. In some circumstances a person who is injured by a drunk driver may have a claim not only for negligence but for willful and wanton misconduct. The claim for willful and wanton misconduct might allow your daughter to collect punitive or exemplary damages against the other driver. Claims for punitive damages are not allowed in wrongful death cases, so your daughter would be the only one who might have such a claim. There are no guarantees that she would have a claim for punitive damages but it would be worth looking into. If the other driver had insurance, there typically are insurance policy limits for coverage for injuries caused in one accident. In the circumstances of this accident there is little doubt but that the available insurance coverage from the drunk driver's insurance company will not be enough to fully compensate your daughter along with the families of the two people who were killed. In that circumstance, if your daughter was the insurance on an automobile liability insurance policy that included underinsured motorist coverage, then your daughter would have a claim against her own insurance company to recover for her damages over the available insurance coverage from the drunk driver's insurance policy, up to the limits of her own underinsured motorist coverage. There is no insurance coverage for punitive damages. Claims for punitive damages can be collected only against the drunk driver's own assets or income. There is also a cause of action in South Dakota for negligent entrustment of a vehicle if the owner of the vehicle, or someone in control of the vehicle allows someone who they have reason to know should not be driving to drive that vehicle. Negligent entrustment has some specific and exacting elements of proof, but in the case of drunk driver, that is also something that should be investigated. In the circumstance where your daughter was in the immediate presence of people who were killed by the misconduct of another, particularly a drunk driver, your daughter would have a claim not only for her own personal injuries but she would also have a claim for negligent infliction of emotional distress for the traumatic consequences of being involved in an accident where other people were seriously injured or killed. A cause of action for infliction of emotional distress also has specific proof requirements but it should at least be considered as an additional claim for your daughter. There are additional considerations as well that would require you to consult with a qualified attorney.