If you’ve been hurt in a car crash in South Dakota, whether on a rural highway or in Sioux Falls traffic, knowing your legal rights is critical. South Dakota law outlines how fault is assigned, what deadlines apply, and how injury victims can pursue compensation. This guide will help you understand the state’s personal injury laws, what to expect from the insurance process, and what to do if your accident involves a rideshare driver.
South Dakota Is an At-Fault State
South Dakota follows a fault-based system when it comes to car accidents. This means that the person who causes the crash is financially responsible for resulting injuries and property damage. If you’re injured, you may:
- File a claim with the at-fault driver’s insurance
- File a claim with your own insurance provider
- File a personal injury lawsuit directly against the at-fault party
You are not limited to your own insurance coverage and can pursue compensation from the responsible party.
Slight/Gross Comparative Negligence Rule
South Dakota uses a “slight/gross” comparative negligence rule, which is different from most other states. Under this rule, you can only recover damages if your own fault is considered “slight” compared to the other driver’s “gross” negligence.
This is a highly subjective standard, and insurance companies often try to argue that your fault was more than slight. That’s why legal help is especially important in South Dakota.
Minimum Insurance Requirements in South Dakota
Drivers in South Dakota are required to carry minimum liability insurance of:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
Uninsured motorist (UM) and underinsured motorist (UIM) coverage is also mandatory at the same minimums as bodily injury liability. This ensures that you have a financial backup if you’re hit by someone with no or insufficient insurance.
Statute of Limitations for Car Accident Claims
In South Dakota, you have three years from the date of the accident to file a personal injury claim. For property damage, the deadline is six years. If you miss these time limits, you may lose the right to recover compensation.
If your accident involves a fatality and you need to file a wrongful death claim, the deadline is three years from the date of death.
Reporting a Car Accident
You must report a car accident to law enforcement in South Dakota if:
- Anyone is injured or killed
- Property damage exceeds $1,000
If the accident is not investigated by a police officer, you may be required to complete a written accident report and submit it to the Department of Public Safety.
Personal Injury Law in South Dakota
In addition to auto accidents, South Dakota personal injury law allows victims to pursue claims for injuries caused by:
- Truck and motorcycle collisions
- Pedestrian and bicycle accidents
- Premises liability (slip and falls)
- Defective products
- Medical malpractice
There are no damage caps in standard personal injury cases unless the claim is against a government entity, in which case specific limits may apply.
What Damages Can Be Recovered?
If you’ve been injured due to someone else’s negligence, you may be able to recover compensation for:
- Emergency medical treatment
- Hospital bills and follow-up care
- Lost wages or loss of earning capacity
- Pain and suffering
- Property damage
- Mental anguish or emotional distress
The exact value of your claim will depend on the severity of your injuries, available insurance coverage, and whether liability is disputed.
Rideshare Accidents in South Dakota
If your accident involves an Uber, Lyft, or other rideshare service, additional insurance policies may come into play. These companies are required to carry large insurance policies that vary based on the driver’s activity at the time of the crash:
- App on, no ride accepted: $50,000 per person, $100,000 per accident in bodily injury, and $25,000 for property damage
- Ride accepted or passenger on board: $1 million in liability coverage
If you’re a passenger, pedestrian, or another driver injured by a rideshare vehicle, you may be covered by one of these policies. However, determining coverage can be tricky, and insurance companies may push back. It’s wise to contact an attorney familiar with rideshare claims.
Can Passengers File Injury Claims?
Yes. Passengers injured in South Dakota accidents can typically recover compensation from the at-fault driver’s insurance or, in rideshare cases, the company’s policy. You may also use your own uninsured/underinsured motorist coverage if needed.
Because passengers are rarely at fault, these claims are often straightforward—but they can become complex if multiple parties are involved.
Do You Need a Lawyer After a Car Accident?
Due to South Dakota’s unique comparative negligence rules and strict insurance company standards, having an attorney on your side can make a significant difference. A lawyer can investigate your crash, gather evidence, negotiate with insurers, and take your case to trial if needed.
Most personal injury lawyers in South Dakota offer free consultations and work on contingency, meaning you pay nothing upfront.