Truck Accident Claims in South Dakota
The safety and insurance rules for trucks in South Dakota, how fault is shared, any limits on damages, and the deadline to sue.
Short answer: South Dakota adopts the federal motor carrier safety regulations (49 CFR part 387 and parts 390 to 397, including hours of service and inspection, repair and maintenance) as amended through January 1, 2026, and applies them to intrastate operations, except that intrastate vehicles under… SDCL 49-28A-3
| Truck safety and insurance rules | South Dakota adopts the federal motor carrier safety regulations (49 CFR part 387 and parts 390 to 397, including hours of service and inspection, repair and maintenance) as amended through January 1, 2026, and applies them to intrastate operations, except that intrastate vehicles under 26,001 pounds that do not haul placarded hazardous materials or carry more than 15 passengers are not subject to parts 390 to 397. Intrastate drivers generally must be at least 18 (21 for interstate, placarded hazmat or large passenger vehicles). Federal minimum insurance for interstate carriers is in 49 CFR 387.9. Federal: https://www.ecfr.gov/current/title-49/section-387.9 Source: SDCL 49-28A-3 |
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| 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 |
| Damage caps | No general statutory cap on damages in ordinary personal injury cases was found. A cap applies to general damages in medical malpractice cases. Source: S.D. Codified Laws § 21-3-11 |
| 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
- Motorcycle Accident Claims in South Dakota
- Pedestrian Accident Claims in South Dakota
- Bicycle Accident Claims in South Dakota
- Uber and Lyft Accident Claims in South Dakota
- Construction Site Injuries in South Dakota
- All South Dakota personal injury & wrongful death rules
FAQ
What safety and insurance rules apply to trucks in South Dakota?
South Dakota adopts the federal motor carrier safety regulations (49 CFR part 387 and parts 390 to 397, including hours of service and inspection, repair and maintenance) as amended through January 1, 2026, and applies them to intrastate operations, except that intrastate vehicles under 26,001 pounds that do not haul placarded hazardous materials or carry more than 15 passengers are not subject to parts 390 to 397. Intrastate drivers generally must be at least 18 (21 for interstate, placarded hazmat or large passenger vehicles). Federal minimum insurance for interstate carriers is in 49 CFR 387.9.
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.
Does South Dakota cap damages in personal injury cases?
No general statutory cap on damages in ordinary personal injury cases was found. A cap applies to general damages in medical malpractice cases.
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.