Pedestrian Accident Claims in South Dakota

In business or residence districts, drivers must yield to a pedestrian crossing in a clearly marked crosswalk or the regular crossing at the end of a block, except where traffic officers or signals control the intersection; but a pedestrian may not suddenly leave a curb into the path of a vehicle that is an immediate hazard. At signal-controlled intersections, drivers (including turning drivers) must yield to pedestrians crossing on a green or go signal, and pedestrians must otherwise yield to vehicles proceeding on green. A pedestrian crossing in a business or residence district anywhere other than a crossing, crosswalk or intersection must yield to vehicles. Where there is no sidewalk, pedestrians must walk on the left side facing traffic when practicable.

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.

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.

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