Frequently Asked Questions in South Dakota

An accident can leave you or a loved one facing unexpected injuries, bills, and uncertainty about your next steps. Whether you’re dealing with a car crash on I-90 or a slip and fall in Rapid City, it’s important to understand how South Dakota law works. This FAQ page is designed to answer common questions from victims and families recovering after serious accidents.

How long do I have to file a personal injury claim in South Dakota?

In South Dakota, you generally have three years from the date of the accident to file a personal injury claim. For wrongful death claims, the statute of limitations is typically three years from the date of death. Failing to file in time may prevent you from recovering any compensation. Always act quickly and consult an attorney to preserve your rights.

What should I do after a traffic accident?

Make sure you’re safe, call 911, and report the accident to law enforcement. Gather contact and insurance information from the other driver, take photos, and speak with witnesses if possible. Even if you feel okay, see a doctor to document any injuries. Then, consider speaking with a lawyer before dealing with insurance companies.

Can I still recover damages if I was partially at fault?

Yes. South Dakota follows a modified comparative negligence rule known as “slight-gross negligence.” You may recover compensation if your negligence was only slight compared to the other party’s. If your fault is considered more than slight, your claim may be denied altogether.

What types of damages can I recover?

You may be able to recover compensation for medical bills, lost income, property damage, and pain and suffering. If your injury results in long-term disability or emotional distress, those losses may be included as well. In rare cases, punitive damages are awarded to punish particularly reckless behavior.

Do I need to report a car accident to the police?

Yes. In South Dakota, you must report an accident if there are injuries, fatalities, or property damage over $1,000. It’s best to have a police report on file, as it may support your injury claim. The report will include details like fault, witness statements, and road conditions.

What if I was injured while working?

If you’re hurt on the job, you may qualify for workers’ compensation benefits. These benefits typically cover medical treatment and lost wages, regardless of who caused the accident. In some cases, you may also have a separate third-party injury claim if someone outside your workplace was involved.

What happens if the at-fault driver doesn’t have insurance?

If the other driver was uninsured or underinsured, your own auto insurance may provide coverage under uninsured/underinsured motorist (UM/UIM) policies. South Dakota requires insurance companies to offer this protection. You should notify your insurance company right away after the accident.

Are dog owners responsible for bites or attacks?

Yes. South Dakota law holds dog owners accountable if their pet injures someone. You may be entitled to compensation for medical care, pain and suffering, and other losses. It’s important to document your injuries and report the incident to local authorities.

Can I get compensation for emotional distress?

Yes. If you’ve experienced emotional trauma due to an accident or injury, you may seek compensation for mental anguish, anxiety, and other psychological effects. These are considered non-economic damages and are often included alongside physical injury claims.

How do I get a copy of my accident report?

You can request a copy of your accident report from the South Dakota Department of Public Safety or the local police department that responded. Visit https://dps.sd.gov to learn how to submit a request. You’ll need basic information like the date, location, and names of those involved.

What if a minor is injured in an accident?

If a child is injured, a parent or guardian can file a claim on their behalf. Settlements involving minors often require court approval to ensure the child’s interests are protected. Compensation may cover medical bills, long-term care, and pain and suffering.

Is there financial help available for accident victims?

South Dakota residents may qualify for state assistance programs such as Medicaid or disability services. If the injury occurred during a violent crime, the South Dakota Crime Victims’ Compensation Program may also help with costs like counseling and lost wages. An attorney can help guide you to the right resources.