Motorcycle Accident Claims in South Dakota
The South Dakota helmet law, whether lane splitting is legal, how fault is shared after a motorcycle crash, and the deadline to sue.
Short answer: Riders under 18 may not operate or ride on a motorcycle on public streets or highways without a helmet meeting federal Motor Vehicle Safety Standard 218, and no one may carry a passenger under 18 who is not wearing a helmet. SDCL 32-20-4
| Motorcycle helmet law | Riders under 18 may not operate or ride on a motorcycle on public streets or highways without a helmet meeting federal Motor Vehicle Safety Standard 218, and no one may carry a passenger under 18 who is not wearing a helmet. Riders 18 and older are not required to wear a helmet. Violation is a Class 2 misdemeanor. The helmet section does not address whether not wearing a helmet affects damages. Source: SDCL 32-20-4 |
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| Lane splitting | Banned. No person may operate a motorcycle between adjacent lanes of traffic or between adjacent lines or rows of vehicles; violation is a Class 2 misdemeanor. Related sections give motorcycles full use of a lane, bar passing in the same lane, and limit riding to two abreast, with an exemption for police. Related sections listed in SDCL ch. 32-20: 32-20-9.1, 32-20-9.2, 32-20-9.4, 32-20-9.5. Source: SDCL 32-20-9.3 |
| 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. Source: S.D. Codified Laws § 20-9-2 |
| Minimum car insurance | 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. Source: S.D. Codified Laws § 32-35-70 |
| Deadline to sue for an injury | Three 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
- Deadlines to File an Injury Lawsuit in South Dakota
- Wrongful Death Lawsuits in South Dakota
- Medical Malpractice Rules in South Dakota
- Car Accident Claims in South Dakota
- Dog Bite Liability in South Dakota
- Slip, Trip and Fall Injuries in South Dakota
- Sidewalk and Public Property Falls in South Dakota
- Pedestrian Accident Claims in South Dakota
- Bicycle Accident Claims in South Dakota
- Uber and Lyft Accident Claims in South Dakota
- Truck Accident Claims in South Dakota
- Construction Site Injuries in South Dakota
- All South Dakota personal injury & wrongful death rules
FAQ
Do you have to wear a motorcycle helmet in South Dakota?
Riders under 18 may not operate or ride on a motorcycle on public streets or highways without a helmet meeting federal Motor Vehicle Safety Standard 218, and no one may carry a passenger under 18 who is not wearing a helmet. Riders 18 and older are not required to wear a helmet. Violation is a Class 2 misdemeanor. The helmet section does not address whether not wearing a helmet affects damages.
Is lane splitting legal in South Dakota?
Banned. No person may operate a motorcycle between adjacent lanes of traffic or between adjacent lines or rows of vehicles; violation is a Class 2 misdemeanor. Related sections give motorcycles full use of a lane, bar passing in the same lane, and limit riding to two abreast, with an exemption for police.
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.