Take steps to protect your rights and build a strong injury claim after a South Dakota car accident.
Roughly 52 vehicle accidents with at least 14 related injuries happen every day on South Dakota roadways.¹
South Dakota is a traditional fault state, meaning you can seek compensation from the at-fault driver and other liable parties. Other parties can include other drivers in a multi-vehicle accident, the vehicle owner, if not the driver, or the driver’s employer if they were using a company vehicle.
Here’s what you need to know if you’re involved in a collision.
What to Do After a South Dakota Car Accident
Drivers who violate South Dakota car accident laws risk fines, traffic citations, and possible jail time, depending on the violation. Here are five steps you can take after a crash to protect your interests.
1. Stay At the Scene and Exchange Information
South Dakota drivers are required to stop at the scene of an accident and determine if anyone was injured. The law says you must provide your name, address, and vehicle license number, as well as the name and address of the person who owns the vehicle if it’s not yours.
If the other party is in no condition to take your information, you must give the information to the responding police officer.
2. Call 911 and Help the Injured
In South Dakota, drivers are required to report any accident to the police that involves an injury, death, or property damage over $1,000 to the nearest available law enforcement officer. Calling 911 and waiting for police to arrive satisfies your obligation to report the crash.
South Dakota requires drivers to render reasonable aid to anyone injured in the accident, including arranging transportation to a medical facility. When you call 911 to report the accident, tell the dispatcher if anyone appears to be injured or is asking for medical help.
3. Seek Prompt Medical Treatment
Vehicle crashes are sudden and violent. The noise and impact of a crash might leave you stunned, or trigger a surge of adrenaline that can mask symptoms of injury. Never refuse or delay medical attention after an accident.
Let emergency responders look you over at the scene. If they want to transport you to the hospital, go with them. If you aren’t taken directly to the hospital from the scene of the crash, seek medical attention on your own. Go to your own medical provider or an urgent care center, preferably on the same day as the crash.
Delaying medical attention after a crash not only jeopardizes your health, it also gives the insurance company a handy excuse to deny or minimize your claim. The adjuster will say your injuries aren’t from the accident, or they might argue that you failed to mitigate your damages.
Tell the medical provider about every injury and symptom, not just the most obvious ones. You are entitled to compensation for all your injuries, but you’ll need a record linking your injuries to the accident. Detailed medical records are critical evidence when filing an injury claim or lawsuit.
4. Gather Evidence From the Scene
South Dakota is a traditional fault or “tort” state, meaning you have the right to pursue the at-fault driver for injury compensation. Most accident victims start by making a claim against the driver’s auto insurance policy. If claim negotiations fail, they file a lawsuit directly against the driver.
No matter if you file an insurance claim or lawsuit, the burden is on you to prove the other driver caused the accident. You’ll need evidence to show that the other driver did something wrong or failed to do what a reasonable person would do to prevent the crash.
The police crash report is strong evidence of fault, especially if the other driver was ticketed for a traffic violation. Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
5. Notify Both Insurance Companies
If you are handling your own insurance claim you’ll need to notify both your own insurance company and the at-fault driver’s company as soon as possible after the accident.
There’s no need to wait until you’re fully healed before notifying the at-fault driver’s insurer of your intent to file an injury claim.
The other driver’s insurance company will usually send an acknowledgment letter with a claim number and the adjuster’s contact information. You might even get a call from an adjuster offering a quick settlement.
Tempting you with fast cash is an adjuster tactic to see if you’re desperate enough to take what you can get. They might act like they’re doing you a favor, but the adjuster’s goal is to get rid of your claim quickly, for as little money as possible.
It’s rarely a good idea to settle an accident claim while still treating your injuries. Once you’ve settled, if your injuries don’t heal or you develop complications, you’re on your own. Politely tell the adjuster you’ll get back to them when you’re ready to discuss settlement.
Why Notify Your Own Insurance Company?
Your auto policy is a legally binding contract that includes a “notification and cooperation” clause. This clause means you’re obligated to notify your insurance company of an accident right away, no matter who’s at fault. In return, your insurer has an obligation to defend you against lawsuits filed in connection with the accident.
You risk losing valuable protections if you fail to notify your insurance company or don’t cooperate with their accident investigation.
If you decide to hire an attorney, you won’t have to deal directly with either insurance company. Your attorney will manage all insurance communications. Severe or complicated cases should always be handled by an experienced personal injury attorney.
South Dakota Fault and Liability Rules
South Dakota is a traditional fault state, so you have the right to demand compensation from the at-fault driver, through their insurance company or by naming them in a lawsuit.
When you go after the at-fault parties for compensation, you must prove the other driver’s fault to the insurance company or a jury.
Sometimes car accident victims are forced to sue their own insurance company to make them pay a fair amount of uninsured or underinsured motorist benefits.
South Dakota Shared Fault Rules
South Dakota has a unique comparative fault law. It allows you to seek compensation from the other party so long as you are only slightly to blame for the accident, compared to the other party. Your final compensation will be reduced by your percentage of fault.
Example of Comparative Fault in South Dakota
Sharon was traveling on North 2nd Street in Aberdeen, on her way to visit a sick friend who lives on 12th Avenue. At the same time, she was chatting hands-free on the phone with her teen daughter, telling her what time to put a casserole in the oven for dinner.
Adam was also on North 2nd Street, driving his SUV behind Sharon’s car.
Sharon suddenly realized she was almost at the intersection with 12th Avenue. She hit the brakes, but didn’t have time to activate her turn signal before Adam’s SUV slammed into the rear of her car.
Sharon suffered significant neck and back injuries in the crash. She filed a claim with Adam’s insurance company, demanding $50,000 for her injuries. The insurance company made a lowball offer of $5,000, arguing that she was lucky to get that, considering she shared fault for the collision.
When settlement negotiations failed, Sharon filed a lawsuit against Adam, seeking $50,000 in damages.
At trial, Sharon’s attorney argued that her share of fault was only slight compared to Adam’s negligence. The jury found Adam to be 80 percent to blame for following too closely, with Sharon 20 percent at fault for stopping suddenly and driving while distracted.
Because of South Dakota’s comparative fault rule, Sharon was awarded $40,000, representing a 20 percent reduction to her claim value.
South Dakota Car Accident Compensation
The average settlement for a moderate car accident claim in South Dakota is $28,174, with average payouts ranging from $5,950 for minor injuries to $235,006 for severe injuries.
Multi-million dollar car accident payouts are uncommon, and not included in calculations of averages, to avoid artificially inflating the average payout for that segment of the group.
Injury settlements in South Dakota can vary widely, depending on the circumstances of the crash and the severity of the victim’s injuries.
For example, look at these two rear-end accident cases with low and high payouts:
- In Minnehaha County, Christenson v. Bergeson, 23107, the plaintiff was awarded $550 for soft-tissue injuries. The plaintiff waited two months before seeking treatment after the accident.
- Also in Minnehaha County, Loen v. Anderson, 23109, the plaintiff suffered a neck fracture that left him paralyzed from the neck down. The parties settled for $4,820,000.
Factors that impact South Dakota car accident compensation:
- Injury severity
- Shared fault
- Available insurance coverage
- Number of vehicles involved
- Number of injured victims
Commercial vehicles, like dump trucks and tractor-trailers, carry higher levels of liability insurance than most personal vehicles. Accidents caused by commercial drivers in large vehicles often result in more severe injuries and higher payouts.
South Dakota State Minimum Insurance Requirements
Anyone who owns or operates a vehicle in South Dakota must carry auto liability insurance of at least $25,000 per person/$50,000 per accident, $25,000 for property damage, or provide other proof of financial responsibility.
South Dakota requires auto policies to provide bodily injury uninsured motorist (UM) and underinsured motorist (UIM) coverage equal to the policy’s liability limits.
How to Calculate a Minor Injury Settlement
You can estimate the settlement value of a mild to moderate injury claim by adding up your economic damages, such as medical bills, out-of-pocket expenses, and lost wages, then adding one to three times that amount to account for your non-economic damages, better known as pain and suffering.
The amount the adjuster will pay for pain and suffering depends on how much your injuries interfered with your life after the accident. A multiple of one is reasonable for a few days on the couch with a heating pad. A multiple of two or three is justified for a slipped disc that limited your activities for several months.
Serious injury claims should be handled by an experienced car accident lawyer for the best outcome, including compensation for past and future medical expenses, lost earning capacity, and the pain and suffering experienced by victims with disabling physical injuries.
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