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Bicycle Accident Claims in South Dakota

Bicycle rules in South Dakota (passing distance, helmets, riding rules), how fault is shared after a bike crash, and the deadline to sue.

Short answer: A driver passing a bicycle going the same direction must leave at least three feet between the vehicle (including mirrors) and the bicycle where the posted limit is 35 mph or less, and at least six feet where it is higher, and may partly cross the centerline or lane line to do so when… SDCL 32-26-26.1, 32-26-21.1, 32-20B-2, 32-20B-3

Bicycle lawsA driver passing a bicycle going the same direction must leave at least three feet between the vehicle (including mirrors) and the bicycle where the posted limit is 35 mph or less, and at least six feet where it is higher, and may partly cross the centerline or lane line to do so when safe. Bicycles may be ridden on sidewalks unless a city restricts it; a cyclist on a sidewalk or crosswalk has a pedestrian's rights and duties, must yield to pedestrians and give an audible signal before passing them, and must stop before entering a crosswalk or street from a sidewalk.
Fault rule (comparative negligence)South Dakota uses a "slight negligence" comparison rather than a percentage bar. An injured person's contributory negligence does not bar recovery if it was slight in comparison with the defendant's negligence; damages are then reduced in proportion to the injured person's negligence. If the injured person's negligence was more than slight in comparison, recovery is barred. The jury decides this without being told any percentage of fault found by special question.
Minimum car insuranceAn owner's liability policy must provide at least $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $25,000 for property damage.
Deadline to sue for an injuryThree years for an action for personal injury. Libel, slander, assault, battery and false imprisonment have a two-year deadline.

More South Dakota personal injury & wrongful death

FAQ

What are the bicycle laws in South Dakota?
A driver passing a bicycle going the same direction must leave at least three feet between the vehicle (including mirrors) and the bicycle where the posted limit is 35 mph or less, and at least six feet where it is higher, and may partly cross the centerline or lane line to do so when safe. Bicycles may be ridden on sidewalks unless a city restricts it; a cyclist on a sidewalk or crosswalk has a pedestrian's rights and duties, must yield to pedestrians and give an audible signal before passing them, and must stop before entering a crosswalk or street from a sidewalk.
Can you recover damages if you were partly at fault in South Dakota?
South Dakota uses a "slight negligence" comparison rather than a percentage bar. An injured person's contributory negligence does not bar recovery if it was slight in comparison with the defendant's negligence; damages are then reduced in proportion to the injured person's negligence. If the injured person's negligence was more than slight in comparison, recovery is barred. The jury decides this without being told any percentage of fault found by special question.
What is the minimum car insurance required in South Dakota?
An owner's liability policy must provide at least $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $25,000 for property damage.
What is the statute of limitations for personal injury in South Dakota?
Three years for an action for personal injury. Libel, slander, assault, battery and false imprisonment have a two-year deadline.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.