By Serdar Arslan, editor · Last reviewed · How we research
A South Dakota jury does not measure fault against a fixed 50% or 51% line. Instead it asks whether your negligence was 'slight' compared with the other driver's. If it was, you recover your damages minus your share of fault. If it was more than slight, you can recover nothing, even when you were less than half to blame. That puts extra weight on the facts of fault and how they are recorded.
Deadlines split by type of loss. Injury lawsuits generally must be filed within 3 years, wrongful death claims within 3 years of the death, and vehicle damage claims within 6 years. Suits against a public entity or employee require written notice of the time, place and cause of the injury within 180 days, and that notice does not extend the lawsuit deadline. South Dakota is an at-fault state with 25/50/25 minimum liability limits, and every policy must include uninsured and hit-and-run motorist coverage. Ordinary car accident cases have no general damage cap. Drivers must report a crash immediately when someone is hurt or killed, or when damage reaches $1,000 to one person's property or $2,000 in total.
Key rules at a glance
| Personal injury filing deadline | Generally 3 years from the date the cause of action accrues (usually the crash date) Source: S.D. Codified Laws § 15-2-14(3) |
|---|---|
| Property damage deadline | Generally 6 years for injury to personal property such as your vehicle Source: S.D. Codified Laws § 15-2-13(4) |
| Wrongful death deadline | Generally 3 years from the date of death Source: S.D. Codified Laws § 21-5-3 |
| Claims against a government entity | Before suing a public entity or public employee, you generally must give written notice of the time, place and cause of the injury within 180 days after the injury. The notice does not extend the lawsuit deadline. Source: S.D. Codified Laws § 3-21-2 |
| Fault rule | Slight/gross comparative negligence: South Dakota uses a unique 'slight versus gross' comparative negligence rule. You can recover only if your own negligence was 'slight' compared with the other driver's. If it was, your damages are reduced by your share of fault. If your negligence was more than slight in comparison, you recover nothing, even if you were less than 50% at fault. There is no fixed percentage cutoff; a jury decides. Source: S.D. Codified Laws § 20-9-2 |
| Insurance system | At-fault (tort) |
| Minimum liability insurance | $25,000 per person / $50,000 per accident bodily injury; $25,000 property damage Source: S.D. Codified Laws § 32-35-70 |
| Uninsured motorist coverage | Required |
| Damage caps | No general cap on damages in ordinary car accident cases. Medical malpractice has separate caps. |
| Reporting a crash | A driver must immediately report a crash to the nearest law enforcement officer with jurisdiction if anyone is injured or killed, or if property damage is $1,000 or more to one person's property or $2,000 or more in total. Source: S.D. Codified Laws § 32-34-7 |
Getting your crash report in South Dakota
You can buy a copy of a crash report from the South Dakota Department of Public Safety, Office of Accident Records, once the investigating agency has submitted it. The DPS page links to an online purchase option. Official request page
Checking a South Dakota lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- Lawyer referral: State Bar of South Dakota – Lawyer Referral Service · 1-800-952-2333
146 people died in motor vehicle crashes in South Dakota in 2024, according to NHTSA FARS – State crashes and all victims.
Frequently asked questions
›How is 'slight' negligence decided in South Dakota?
There is no fixed percentage; a jury decides whether your negligence was slight compared with the other driver's (SDCL § 20-9-2). If it was, your award is reduced by your share of fault. If it was more than slight, you may recover nothing, even if you were under 50% at fault.
›Do injury and vehicle damage claims have different deadlines in South Dakota?
Yes. Injury lawsuits generally have 3 years from the crash (SDCL § 15-2-14), while damage to your vehicle or other personal property generally has 6 years (§ 15-2-13). Wrongful death claims generally have 3 years from the date of death (§ 21-5-3).
›Does the 180-day notice give me more time to sue a public entity?
No. You generally must give written notice of the time, place and cause of the injury within 180 days (SDCL § 3-21-2), but the notice does not extend the lawsuit deadline. Missing either one can end the claim.
›Is uninsured motorist coverage part of every South Dakota policy?
Yes. Policies must include uninsured and hit-and-run motorist coverage along with liability limits of at least $25,000 per person, $50,000 per accident and $25,000 for property damage (SDCL § 32-35-70).
›What damage amount triggers a police report in South Dakota?
You must report a crash immediately if anyone is injured or killed, or if property damage is $1,000 or more to one person's property or $2,000 or more in total (SDCL § 32-34-7). Report it to the nearest law enforcement officer with jurisdiction.
Sources
- SDCL § 15-2-14 – Three-year limitation (personal injury)
- SDCL § 15-2-13 – Six-year limitation (injury to personal property)
- SDCL § 21-5-3 – Wrongful death limitation
- SDCL § 3-21-2 – Notice of injury to public entity
- SDCL § 20-9-2 – Comparative negligence
- SDCL § 32-35-70 – Minimum liability limits
- SDCL § 58-11-9 – Uninsured motorist coverage
- SDCL § 32-34-7 – Duty to report accidents
- SD Department of Public Safety – Accident Records
- SD Unified Judicial System – Resource sheet listing the State Bar lawyer listing service
- NHTSA FARS – State crashes and all victims