Sioux Falls Car Accident Laws and Regulations
If you or a loved one have been injured in a car accident, contact our Sioux Falls, SD car accident lawyer at The Law Offices of Clayborne, Loos & Sabers LLP to find out what rights and compensation you may be entitled to. South Dakota, like every other state in the United States, has a set of specific laws related to car accidents. These laws are designed to establish guidelines for drivers, ensure safety on the roads, and provide a framework for handling accidents when they occur.
- Reporting An Accident
South Dakota law requires drivers to report accidents to the local law enforcement agency if the accident results in injury, death, or property damage exceeding $1,000. Failure to report an accident can result in legal consequences, including fines and potential license suspension.
- Duty To Stop
According to a Sioux Falls car accident lawyer, if you’re involved in an accident in South Dakota, you are legally obligated to stop at the scene. Leaving the scene of an accident, especially one with injuries or significant damage, can result in criminal charges, including hit and run.
- No-Fault Insurance
South Dakota follows a no-fault insurance system. This means that after an accident, individuals turn to their own insurance providers for compensation, regardless of who was at fault. However, this system has exceptions. If the injuries are deemed “serious” or result in medical expenses exceeding a certain threshold, you may have the right to sue the at-fault driver.
- Comparative Fault
South Dakota follows a modified comparative fault rule. This means that if you are found partially at fault for the accident, your compensation will be reduced by the percentage of fault assigned to you. If you are found to be 50% or more at fault, you may not be eligible to recover damages from the other party.
- Statute of Limitations
In South Dakota, there is a statute of limitations for filing a personal injury lawsuit with related to a car accident. Generally, you have three years from the date of the accident to file a lawsuit. If you miss this deadline, you may lose your right to seek compensation.
- Uninsured and Underinsured Motorist Coverage
South Dakota law requires insurance companies to offer uninsured and underinsured motorist coverage to policyholders. This coverage can be vital if you are involved in an accident with a driver who lacks insurance or has insufficient coverage.
- Seat Belt Laws
South Dakota has primary seat belt laws, meaning law enforcement can pull over and ticket drivers solely for not wearing a seat belt. Additionally, seat belt use is mandatory for all passengers, not just the driver.
- Child Passenger Safety Laws
Children under the age of five are required to be secured in an appropriate child safety seat. Older children must be in booster seats until they are at least 8 years old or 4 feet 9 inches tall.
- Alcohol-Related Laws
South Dakota has strict laws against driving under the influence (DUI). The legal blood alcohol concentration (BAC) limit for adults is 0.08%. For drivers under 21, it’s 0.02%. Penalties for DUI convictions can include fines, license suspension, and even jail time.
- Cell Phone Use and Texting
South Dakota has banned texting while driving for all drivers. Additionally, novice drivers with learner’s permits or intermediate licenses are prohibited from using handheld electronic devices while driving.
- Minimum Insurance Requirements
South Dakota has minimum insurance requirements that drivers must meet. As of my last knowledge update in September 2021, drivers are required to carry at least $25,000 per person and $50,000 per accident in bodily injury liability coverage, along with $25,000 in property damage liability coverage.
Contact Our Car Accident Lawyer Today
It’s important to note that laws can change over time, so it’s essential to stay updated on the latest regulations in South Dakota. If you are involved in a car accident in South Dakota, it’s advisable to consult with a qualified Sioux Falls car accident lawyer at The Law Offices of Clayborne, Loos & Sabers LLP to start your journey toward justice and compensation. Adhering to these laws not only ensures your safety on the road but also helps you protect your rights and interests in the event of an accident.