South Dakota car accident statute of limitations and the slight fault rule
The South Dakota car accident statute of limitations is three years for injury. Call free to check.
South Dakota gives you three years to sue for injuries and six years for car damage. The rule that surprises people is about blame. You recover only if your own carelessness was slight compared with the other driver’s, under SDCL 20-9-2.
The deadlines in South Dakota
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Three years | SDCL 15-2-14(3) |
| Car or property damage lawsuit | Six years | SDCL 15-2-13(4) |
| Shared fault | Recovery only if your fault was slight next to the other side’s | SDCL 20-9-2 |
| Minimum liability cover | $25,000 / $50,000 / $25,000 | SDCL 32-35-70 |
| Notice to a public entity | 180 days | SDCL 3-21-2 |
| Wrongful death lawsuit | Three years from the death | SDCL 21-5-3 |
The slight negligence test in South Dakota
Most states compare fault by percentage. South Dakota asks a different question: was your carelessness slight compared with the other driver’s? If yes, you recover, but your award drops by your share. If your fault was more than slight, you can lose the whole claim.
The law says this is decided without putting a percentage on your fault for the jury, under SDCL 20-9-2. So small details, like a rolling stop or a glance at a phone, can carry real weight.
Telling a South Dakota public body about your claim
Maybe a county plow, city bus or state vehicle hit you. Written notice of the time, place and cause of the injury is then due within 180 days, under SDCL 3-21-2. The notice does not stretch the deadline to sue.
Who gets it depends on the body. For the state, it is the attorney general and the commissioner of human resources and administration. For a county, it is the county auditor and for a city, the mayor or finance officer, under SDCL 3-21-3.
Children, absent drivers and death claims
A minor’s time does not run until adulthood, but that extra time cannot last past one year after the child turns adult, under SDCL 15-2-22. The clock also stops while the driver at fault lives out of state. A family suing for a death has three years from the date of death.
When to call a South Dakota car accident lawyer
Because a small share of blame can end a claim here, the first words you give an adjuster matter. An attorney can collect proof of how the other driver caused the crash before it disappears. The call is free and the lawyer is paid only if you win.
Other states: North Dakota, Minnesota, Iowa, Nebraska, Wyoming or every state on one page.
South Dakota car accident statute of limitations questions
What is the statute of limitations for a car accident injury in South Dakota?
Three years from the crash, under SDCL 15-2-14. Car damage claims have six years under SDCL 15-2-13.
Can I recover in South Dakota if I was partly at fault?
Only if your fault was slight compared with the other driver’s. Then your award is reduced by your share.
Is South Dakota a no-fault state?
No. The driver who caused the crash and their liability insurer, pays. Drivers must carry at least $25,000 per person.
Before the clock runs out
South Dakota’s slight negligence rule lets insurers deny a claim over small mistakes. Call before you sign a release or give a statement and a lawyer will review your offer free.
Call about my deadline(833) 716-6705
We pick up 24/7, go over your crash free and connect a car accident lawyer with no fee unless you win.