Car Accident Claims in South Dakota

The driver of a motor vehicle in a crash causing injury or death, or apparent property damage of $1,000 or more to any one person's property or $2,000 or more for the whole crash, must immediately notify the nearest available law enforcement officer with jurisdiction, by the quickest means available. Failing to do so is a Class 2 misdemeanor. If the driver is physically unable, a capable passenger must give the notice.

After receiving notice of a reportable crash, the investigating officer sends an investigator's report to the Department of Public Safety within three days after finishing the investigation. The Secretary of Public Safety may require drivers to file supplemental reports on department forms if the original report is insufficient.

A driver in a crash causing injury, death or property damage must stop immediately and give their name and address, the owner's name and address, and the plate number to the person struck or the other driver or occupants, and give reasonable help to anyone injured, including taking them for medical treatment if needed. Failing to stop and comply after a crash causing injury or death is a Class 6 felony, and the Department of Revenue revokes the person's registration receipt. In a property-damage crash, the driver must stop and give their information; if the owner of a damaged vehicle is absent, leave the information on the vehicle, and for other property, leave it with the owner or a law enforcement agency as soon as possible. Violating this is a Class 1 misdemeanor.

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.

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.

Three years for an action for personal injury. Libel, slander, assault, battery and false imprisonment have a two-year deadline.

Six years for taking, detaining or injuring goods or personal property (such as a car), and six years for trespass on real property.