South Dakota
South Dakota Hit and Run Laws: Penalties and What to Do
South Dakota classifies hit and run as a misdemeanor or felony based on harm caused. Under SDCL 32-34-5, leaving the scene of an injury or fatal accident is a Class 6 felony carrying up to 2 years in prison, while a property-damage-only offense under SDCL 32-34-6 is a Class 1 misdemeanor.
Hurt in a hit-and-run? If the driver who hit you fled or had no insurance, your own uninsured/underinsured-motorist (UM/UIM) coverage may pay your injury claim. Estimate what it could be worth with our free South Dakota Car Accident Settlement Calculator.
Quick Summary of South Dakota Hit and Run Laws
Last verified: March 2026. This guide reflects current South Dakota Codified Laws (SDCL), Title 32, Chapter 34.
| Offense | Classification | Max Jail/Prison | Max Fine |
|---|---|---|---|
| Property damage hit and run (SDCL 32-34-6) | Class 1 misdemeanor | 1 year in jail | $2,000 |
| Hitting an unattended vehicle (SDCL 32-34-4) | Class 2 misdemeanor | 30 days in jail | $500 |
| Failure to report a reportable accident (SDCL 32-34-7) | Class 2 misdemeanor | 30 days in jail | $500 |
| Injury or death hit and run (SDCL 32-34-5) | Class 6 felony | 2 years in prison | $4,000 |
| Vehicular homicide while impaired (SDCL 22-16-41) | Class 3 felony | 15 years in prison | $30,000 |
Primary Statutes:
- SDCL 32-34-6: Information furnished by driver involved in property damage accident
- SDCL 32-34-3: Duty of vehicle operator to stop, give information, and aid injured persons
- SDCL 32-34-4: Duty to stop after accident with unattended vehicle
- SDCL 32-34-5: Hit and run accident resulting in death or injury as felony
- SDCL 32-34-7: Immediate notice of accident to law enforcement
Penalties for Leaving the Scene of an Accident in South Dakota
South Dakota law assigns different penalties depending on the severity of the accident and the driver's actions after the crash. Penalties escalate significantly when injuries or fatalities are involved.
Property Damage Only (SDCL 32-34-6)
If you leave the scene of an accident that involves only property damage, you face a Class 1 misdemeanor. This is the most serious misdemeanor classification in South Dakota.
- Charge: Class 1 misdemeanor
- Jail time: Up to 1 year
- Fine: Up to $2,000
Under this statute, any driver involved in an accident resulting in damage to property must stop at the scene and immediately give their name and address and the name and address of the vehicle's owner. If the damaged property is another motor vehicle whose owner is not present, the driver must leave that information on the vehicle. For other property whose owner is not present, the driver must leave the information with the owner or with a law enforcement agency as soon as possible.
Hitting an Unattended Vehicle (SDCL 32-34-4)
If you hit a parked or unattended vehicle, you still have legal obligations. Failing to follow the required steps is a Class 2 misdemeanor.
- Charge: Class 2 misdemeanor
- Jail time: Up to 30 days
- Fine: Up to $500
You must immediately stop and either locate and notify the owner or leave a written notice. The information required is your name and address, the name and address of the vehicle's owner, and the license number of the vehicle you were driving. You must also notify the nearest police authority without unnecessary delay.
Failure to Report (SDCL 32-34-7)
Failing to immediately notify law enforcement of a reportable accident is a separate offense from leaving the scene itself. A related provision, SDCL 32-34-3.1, requires a driver to report the accident to the nearest police authority when no one at the scene is able to receive the driver's information and no officer is present. That is also a Class 2 misdemeanor.
- Charge: Class 2 misdemeanor
- Jail time: Up to 30 days
- Fine: Up to $500
Injury or Death Hit and Run (SDCL 32-34-5)
Leaving the scene of an accident that results in injury or death to any person is a felony in South Dakota. The law requires you to stop immediately and comply with the duties outlined in SDCL 32-34-3.
- Charge: Class 6 felony
- Prison time: Up to 2 years in the state penitentiary
- Fine: Up to $4,000
- Additional consequence: The South Dakota Department of Revenue will revoke your vehicle registration
A Class 6 felony is the least serious felony classification in South Dakota, but a felony conviction still carries lasting consequences. It can affect your employment, housing, and civil rights.
Vehicular Homicide While Impaired (SDCL 22-16-41)
When a driver under the influence of alcohol, drugs, or other prohibited substances operates a vehicle negligently and causes the death of another person, the charge escalates to vehicular homicide. This includes the death of an unborn child.
- Charge: Class 3 felony
- Prison time: Up to 15 years
- Fine: Up to $30,000
- License revocation: Not less than 10 years from the date of sentencing or 10 years from initial release from prison, whichever is later
Driver Duties After an Accident in South Dakota
Under SDCL 32-34-3, every driver involved in an accident must take specific actions. Failing to complete any of these steps can result in criminal charges.
Required Actions at the Scene
- Stop immediately at the scene or as close to it as safely possible.
- Provide your information to the other driver or to a law enforcement officer. This includes your name and address, the name and address of the vehicle's owner, and the license number of the vehicle you are driving.
- Render reasonable assistance to any injured person at the scene.
- Arrange transportation for injured persons if needed. If the victim requests it or clearly needs immediate medical attention, you must transport them to a physician, surgeon, or hospital.
- Report to law enforcement immediately if the accident involves death or injury and no peace officer is already present.
What Counts as a Reportable Accident?
Under SDCL 32-34-7, you must immediately notify law enforcement of any accident that results in:
- Bodily injury or death
- Apparent property damage of $1,000 or more to any one person's property
- Apparent property damage of $2,000 per accident
The law requires notification "by the quickest means of communication." You cannot wait until the next day or drive to a police station at your convenience. Immediate reporting means calling 911 or contacting the nearest law enforcement agency right away.
Passenger and Occupant Duties
Under SDCL 32-34-9, if the driver is physically incapable of giving immediate notice of an accident, another occupant of the vehicle who is capable of doing so must give the notice. Failing to do so is a Class 2 misdemeanor (up to 30 days in jail and a $500 fine). SDCL 32-34-8 excuses a physically incapable person from making the report while the incapacity lasts.
When Is Hit and Run a Misdemeanor in South Dakota?
Hit and run remains a misdemeanor when:
- The accident involves only property damage and no injuries or fatalities (Class 1 misdemeanor under SDCL 32-34-6)
- You hit an unattended vehicle and fail to leave the required information (Class 2 misdemeanor under SDCL 32-34-4)
- You fail to report a reportable accident (Class 2 misdemeanor under SDCL 32-34-7)
- A passenger fails to report when the driver is physically incapable (Class 2 misdemeanor under SDCL 32-34-9)
Even a misdemeanor hit and run can lead to additional charges if prosecutors determine other offenses occurred during the same incident. Common accompanying charges include:
- Reckless driving
- Distracted driving
- Driving under the influence (DUI)
- Driving without a valid license or insurance
A single set of facts can support multiple convictions.
When Is Hit and Run a Felony in South Dakota?
Hit and run becomes a Class 6 felony under SDCL 32-34-5 when the accident involves:
- Death of any person
- Injury to any person
Upon conviction, the Department of Revenue revokes your vehicle registration. Combined with a felony record, this creates significant barriers to driving legally in the future.
DUI and Hit and Run
Combining a hit and run with driving under the influence creates a much more serious legal situation. South Dakota's implied consent law (SDCL 32-23-10) means that all drivers operating a vehicle in the state are deemed to have consented to chemical testing (breath, blood, saliva, or urine) if lawfully arrested for DUI.
Refusing a chemical test results in an automatic one-year driver license revocation, and the refusal can be used as evidence against you at trial. Note that you can refuse field sobriety tests (walking a line, standing on one leg) without automatic penalties, but chemical tests are different.
If a DUI-related accident causes death, the charge becomes vehicular homicide under SDCL 22-16-41, a Class 3 felony with up to 15 years in prison and a mandatory license revocation of at least 10 years.
Insurance Implications of a Hit and Run in South Dakota
South Dakota Is an At-Fault State
South Dakota follows an at-fault insurance system. The driver who caused the accident is responsible for paying damages to the injured party.
Minimum Insurance Requirements
South Dakota law requires all drivers to carry at least:
- $25,000 in bodily injury liability per person
- $50,000 in bodily injury liability per accident
- $25,000 in property damage liability per accident
According to the South Dakota Division of Insurance, you must show proof of financial responsibility to license or operate a motor vehicle in the state.
Required Uninsured Motorist and Hit-and-Run Coverage
Under SDCL 58-11-9, every motor vehicle liability insurance policy issued in South Dakota must include uninsured motorist (UM) and hit-and-run coverage. This means your own policy covers you if you are the victim of a hit and run and the at-fault driver cannot be identified.
UM coverage pays for personal injuries caused by an uninsured driver or a hit-and-run driver. However, it does not cover damage to your vehicle. The required coverage matches your policy's bodily injury limits but does not have to exceed $100,000 per person and $300,000 per accident unless you request more.
South Dakota's Comparative Fault Rule
South Dakota uses a unique "slight/gross" negligence system under SDCL 20-9-2. Unlike most states that use a 50% or 51% bar, South Dakota allows recovery only when the plaintiff's negligence is "slight" compared to the defendant's "gross" negligence.
The South Dakota Supreme Court has ruled that contributory negligence of 30% or more is "more than slight" as a matter of law, barring recovery entirely. If you share any meaningful degree of fault in the accident, it could affect your ability to collect damages.
Statute of Limitations for Hit and Run Claims
If you are a victim of a hit and run in South Dakota, you have limited time to file a civil lawsuit:
| Claim Type | Time Limit | Statute |
|---|---|---|
| Personal injury | 3 years | SDCL 15-2-14 |
| Property damage | 6 years | SDCL 15-2-13 |
| Wrongful death | 3 years | SDCL 21-5-3 |
These deadlines are strict. If you miss the filing deadline, the court will almost certainly dismiss your case regardless of its merits. To keep an injury claim alive, get a free claim review from a South Dakota car accident lawyer and file it before the three-year limit runs (attorney advertising).
South Dakota Traffic Safety Statistics
South Dakota recorded 110 fatal crashes and 123 deaths in 2025, the lowest total in five years. Fatalities dropped 16.9% from 2024, with 25 fewer deaths on the state's roads, according to the South Dakota Office of Highway Safety.
Key trends from 2024 data:
- 458 alcohol-related fatal and injury crashes, down from 498 in 2023
- 81% of fatal crashes occurred on rural roads, the third-highest rural fatality rate in the nation
- Alcohol-related crashes decreased by 5.9% while non-alcohol crashes increased by 2%
- Over 50% of motor vehicle occupant fatalities involved unbelted drivers or passengers
Nationally, fatal hit-and-run crashes reached a record high, with 15% of all police-reported crashes involving a driver who fled the scene. One in four pedestrians and cyclists killed in crashes were struck by drivers who left the scene.
What to Do if You Are a Hit and Run Victim
If another driver hits you and leaves the scene, take these steps:
- Stay at the scene and check yourself and any passengers for injuries.
- Call 911 immediately. Report the accident to law enforcement as soon as possible.
- Document everything. Note the other vehicle's make, model, color, license plate (even a partial plate helps), and any details about the driver.
- Look for witnesses. Ask bystanders if they saw the accident and collect their contact information.
- Take photos of vehicle damage, road conditions, debris, skid marks, and your injuries.
- Seek medical attention promptly. Some injuries do not appear right away.
- Do not admit fault or speculate about the cause of the accident.
- File a police report. Make sure you get a copy of the report for your insurance claim.
- Contact your insurance company. Your uninsured motorist coverage (required in South Dakota under SDCL 58-11-9) can help cover your injuries even if the other driver is never found.
- Consult an attorney before the statute of limitations expires if you have significant injuries or losses.
Repairing a Vehicle with Reportable Damage
Under SDCL 32-34-23, the person in charge of a garage or repair shop may not start repairs on a vehicle that shows evidence of a reportable accident (or of being struck by a bullet) unless the vehicle bears the notice that investigating officers attach under SDCL 32-34-10. A violation is a Class 2 misdemeanor for the shop. This provision prevents drivers from hiding evidence of an accident by rushing to a body shop.
More South Dakota Laws
Frequently Asked Questions
Is South Dakota a fault or no-fault state for car accidents?
South Dakota is an at-fault state. The driver who caused the accident is responsible for paying damages. South Dakota uses a unique 'slight/gross' negligence system under SDCL 20-9-2. You can recover damages only if your own negligence was 'slight' compared to the other driver's 'gross' negligence. The state Supreme Court has held that 30% or more contributory negligence bars recovery entirely.
What are the penalties for a hit and run in South Dakota?
Penalties depend on the severity of the accident. Property-damage-only hit and run is a Class 1 misdemeanor (up to 1 year in jail, $2,000 fine). Hitting an unattended vehicle and failing to leave information is a Class 2 misdemeanor (up to 30 days, $500 fine). Hit and run involving injury or death is a Class 6 felony (up to 2 years in prison, $4,000 fine, plus vehicle registration revocation).
Does my insurance cover me if I am the victim of a hit and run in South Dakota?
Yes. Under SDCL 58-11-9, every auto liability insurance policy issued in South Dakota must include uninsured motorist (UM) and hit-and-run coverage. This coverage pays for personal injuries caused by a hit-and-run driver, even if that driver is never identified. UM coverage does not pay for vehicle damage. The required coverage matches your policy's bodily injury limits but does not have to exceed $100,000 per person and $300,000 per accident unless you request higher limits.
How long do I have to file a lawsuit after a hit and run in South Dakota?
South Dakota gives you 3 years to file a personal injury lawsuit, 6 years for property damage, and 3 years for wrongful death. These deadlines are strict. If you miss the filing deadline, the court will dismiss your case regardless of the circumstances.
Can I leave the scene of an accident if I feel threatened?
You may leave if you face a genuine and immediate threat to your safety. However, you must report the accident to the nearest law enforcement agency as soon as possible. Investigators will evaluate whether the threat was credible. If you leave the scene, try to document any threatening behavior from the other party (photos, video, witness contact information) before driving away.
Updates
Corrected the property-damage hit-and-run citation to SDCL 32-34-6 (32-34-2 is repealed), fixed the failure-to-report, reportable-accident threshold, required-information and uninsured-motorist-limit descriptions, and added statute citations for passenger reporting and repair-shop rules.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
South Dakota Codified Laws, Chapter 32-34: ACCIDENTS AND ACCIDENT REPORTS
§ 32-34-5Hit and run accident resulting in death or injury as felony.In force
Any driver of any vehicle involved in an accident resulting in injury or death to any person, who fails immediately to stop such vehicle at the scene of such accident and comply with the provisions of § 32-34-3 is guilty of a Class 6 felony, and the Department of Revenue shall revoke the registration receipt of the person so convicted.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- State v. Joyce (South Dakota Supreme Court 2004, 681 N.W.2d 468)“…guilty to failure to provide information, a Class 6 felony. SDCL 32-34-5. He was sentenced to eighteen months in…”
- State v. Cameron (South Dakota Supreme Court 1999, 596 N.W.2d 49)“…nse of HIT AND RUN RESULTING IN DEATH OR INJURY contrary to SDCL 32-34-5 and SDCL 32-34-3, in that the defendant…”
- State v. Kwai (South Dakota Supreme Court 2023, 2023 S.D. 42)“…briefs filed pursuant to State v. Korth”). Whether SDCL 32-34-5 applies to deliberate acts [¶19.]…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 32-34-3Duty of vehicle operator to stop in case of accident--Information given--Aid to injured persons.In force
The driver of any vehicle involved in any accident resulting in injury or death to any person or damage to property shall immediately stop and give his name and address, and the name and address of the owner and the license number of the vehicle he is driving to the person struck or the driver or occupants of any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying of such person to a physician or surgeon for medical treatment if it is apparent that such treatment is necessary or is requested by the injured person.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Clark v. Regent Insurance Co. (South Dakota Supreme Court 1978, 270 N.W.2d 26)“…top, render aid and leave his identification as required by SDCL 32-34-3 to 32-34-9. Although the term “hit-and-…”
- State v. Minkel (South Dakota Supreme Court 1975, 89 S.D. 144)“…ner in this appeal, Dean Minkel, was convicted of violating SDCL 32-34-3 and 5, which set forth the duty of a ve…”
- State v. Cameron (South Dakota Supreme Court 1999, 596 N.W.2d 49)“…th hit and run resulting in death or injury in violation of SDCL 32-34-3 and 32-34-5, a Class 6 felony. We rever…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 32-34-6Information furnished by driver involved in property damage accident--Failure as misdemeanor.In force
Any driver of any vehicle involved in an accident resulting in damage to property shall stop his vehicle at the scene of the accident and immediately give his name and address, and the name and address of the owner of the vehicle. If the damage is to another motor vehicle and the owner of the damaged vehicle is not at the scene of the accident, the driver shall immediately leave such information on the other motor vehicle. If the damage is to property other than a motor vehicle, and the owner of the damaged property is not at the scene, the driver shall leave such information with the owner of the property or with a law enforcement agency as soon as possible. A violation of this section is a Class 1 misdemeanor.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. Nekolite (South Dakota Supreme Court 2020, 2020 S.D. 8)“…ty of a Class 6 felony . . . .” (Emphasis added.) However, SDCL 32-34-6 makes it a class 1 misdemeanor for a dr…”
- State v. Anderson (South Dakota Supreme Court 1996, 548 N.W.2d 40)“…marijuana (SDCL 22-42-6), hit and run with property damage (SDCL 32-34-6), and driving while under revocation (S…”
- Blazer v. Dep't of Public Safety (South Dakota Supreme Court 2024, 2024 S.D. 74)“…furnish information regarding an accident in violation of SDCL 32-34-6, and driving on the wrong side of the…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 32-34-4Duty to stop after accident with unattended vehicle or property--Leaving information--Report to police--Violation as misdemeanor.In force
The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to such other vehicle or property shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle or other property of his name, address and the name and address of the owner and the license number of the vehicle he is driving or shall attach securely in a conspicuous place in or on such vehicle or other property a written notice giving his name, address, and the name and address of the owner and the license number of the vehicle he is driving and shall without unnecessary delay notify the nearest office of a duly authorized police authority. Every such stop shall be made without obstructing traffic more than is necessary. A violation of this section is a Class 2 misdemeanor.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. Bartunek (South Dakota Supreme Court 1982, 323 N.W.2d 121)“…ursuant to the appellant’s duty to report an accident under SDCL 32-34-4? We hold that it was not. II. Was t…”
- State v. Bowker (South Dakota Supreme Court 2008, 754 N.W.2d 56)“…the identity of the driver. Id. at 123. On the strength of SDCL 32-34-4, which requires the driver of any vehic…”
- State v. Osman (South Dakota Supreme Court 2024, 2024 S.D. 15)“…n accident involving an unattended vehicle in violation of SDCL 32-34-4; and open container, broken seal in a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 32-34-7Duty to give immediate notice of accident to law enforcement officer--Violation as misdemeanor.In force
The driver of any motor vehicle involved in an accident resulting in bodily injuries or death to any person or property damage to an apparent extent of one thousand dollars or more to any one person's property or two thousand dollars per accident shall immediately, by the quickest means of communication, give notice of the accident to the nearest available law enforcement officer who has jurisdiction. A violation of this section is a Class 2 misdemeanor.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2013
Opinions citing this section in our collection:
- State v. Ohlmann (South Dakota Supreme Court 1989, 444 N.W.2d 377)“…DCL 41-8-2) and one count of failure to report an accident (SDCL 32-34-7). Pursuant to a plea bargain, Ohl-mann…”
- State v. Long Fox (South Dakota Supreme Court 2013, 832 N.W.2d 55)“…DCL 32-24-1; failure to report an accident, in violation of SDCL 32-34-7; minor in consumption, in violation of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 32-34-3.1Immediate report to police authority when persons entitled to receive information are disabled--Violation as misdemeanor.In force
If none of the persons specified in § 32-34-3 are in condition to receive the information to which they otherwise would be entitled, and no police officer is present, the driver of any vehicle involved in such accident, after fulfilling all other requirements of § 32-34-3, insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of a duly authorized police authority and submit thereto the information specified in § 32-34-3. A violation of this section is a Class 2 misdemeanor.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
§ 32-34-23Repair of vehicle with reportable damage prohibited unless required notice affixed--Violation as misdemeanor.In force
The person in charge of any garage or repair shop shall not commence repair on any motor vehicle which shows evidence of having been involved in a reportable accident or struck by any bullet unless the vehicle bears the notice provided for in § 32-34-10. Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
§ 32-34-8Physical incapacity of driver.In force
An accident report is not required from any person who is physically incapable of making such report during the period of such incapacity.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
§ 32-34-9Duty of occupant of vehicle to give notice where driver is physically incapable--Violation as misdemeanor.In force
If the driver of a vehicle is physically incapable of giving an immediate notice of an accident and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall make or cause to be given the notice not given by the driver. A violation of this section is a Class 2 misdemeanor.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
South Dakota Codified Laws, Chapter 58-11: FORM AND CONTENTS OF INSURANCE POLICIES
§ 58-11-9Motor vehicle insurance--Uninsured motorist and hit-and-run coverage--Amount of coverage--Uninsured motorist coverage not required for government owned vehicles.In forcecited in 2 of our articles
No policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle may be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state, except for snowmobiles, unless coverage is provided therein or supplemental thereto in limits for bodily injury or death equal to the coverage provided by such policy for bodily injury and death, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles and hit-and-run motor vehicles because of bodily injury, sickness, or disease, including death, resulting therefrom. However, the coverage required by this section may not exceed the limits of one hundred thousand dollars because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, three hundred thousand dollars because of bodily injury to or death of two or more persons in any one accident, unless additional coverage is requested by the insured.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 28 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Isaac v. State Farm Mutual Automobile Insurance Co. (South Dakota Supreme Court 1994, 522 N.W.2d 752)“…hicle (UIM) coverage in identical amounts as required under SDCL 58-11-9. On March 12, 1987, Isaac was rear-en…”
- Clark v. Regent Insurance Co. (South Dakota Supreme Court 1978, 270 N.W.2d 26)“…(Milbank) policy issued to Connie Peterson. As required by SDCL 58-11-9, 1 each policy provided uninsured moto…”
- Gloe v. Iowa Mutual Insurance Co. (South Dakota Supreme Court 2005, 694 N.W.2d 238)“…nless additional coverage is requested by the insured.... SDCL 58-11-9 (emphasis added). [¶ 13.] The complem…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Dakota Car Accident Laws: Fault, Insurance, and Your Claim
South Dakota Codified Laws, Chapter 22-16: HOMICIDE AND SUICIDE
§ 22-16-41Vehicular homicide.In forcecited in 2 of our articles
Any person who, while under the influence of alcohol, drugs, or substances in a manner and to a degree prohibited by § 32-23-1, without design to effect death, operates or drives a vehicle of any kind in a negligent manner and thereby causes the death of another person, including an unborn child, is guilty of vehicular homicide. Vehicular homicide is a Class 3 felony. In addition to any other penalty prescribed by law, the court shall order that the driver's license of any person convicted of vehicular homicide be revoked for a period of not less than ten years from the date sentence is imposed or ten years from the date of initial release from imprisonment, whichever is later. In the event the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- State v. Big Head (South Dakota Supreme Court 1985, 363 N.W.2d 556)“…Head (defendant) was convicted of vehicular homicide under SDCL 22-16-41 and from the trial court's imposition o…”
- State v. Anderson (South Dakota Supreme Court 1996, 546 N.W.2d 395)“…was charged by indictment of a grand jury for violation of SDCL 22-16-41, vehicular homicide; SDCL 22-16-20, sec…”
- State v. Kvasnicka (South Dakota Supreme Court 2013, 829 N.W.2d 123)“…four – vehicular homicide, class 3 felony, in violation of SDCL 22-16-41; count five – vehicular battery, class…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Manslaughter in South Dakota: Degrees, Sentences and DUI Deaths
South Dakota Codified Laws, Chapter 32-23: DRIVING UNDER THE INFLUENCE
§ 32-23-10Operation of vehicle as consent to withdrawal of bodily substances and chemical analysis--Submission to withdrawal or analysis following arrest.In forcecited in 2 of our articles
Any person who operates any vehicle in this state is considered to have given consent to the withdrawal of blood or other bodily substance and chemical analysis of the person's blood, breath, or other bodily substance to determine the amount of alcohol in the person's blood and to determine the presence of marijuana or any controlled drug or substance or any substance ingested, inhaled, or otherwise taken into the body as prohibited by § 22-42-15 or any other substance that may render a person incapable of safely driving. The arresting law enforcement officer may, subsequent to the arrest of any operator for a violation of § 32-23-1, require the operator to submit to the withdrawal of blood or other bodily substances as evidence.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 66 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. Fierro (South Dakota Supreme Court 2014, 2014 S.D. 62)“…ling, the [c]ourt finds that the State’s interpretation of SDCL 32-23-10 in this particular case requiring a ma…”
- Peterson v. State (South Dakota Supreme Court 1977, 261 N.W.2d 405)“…submit to a chemical analysis of the type authorized under SDCL 32-23-10; and (3) that the officer properly advi…”
- State v. Hartman (South Dakota Supreme Court 1977, 256 N.W.2d 131)“…fendant of his right to refuse to give a blood sample under SDCL 32-23-10, [1] 32-23-11, [2] and 32-23-12 [3]…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Dakota DUI Laws: Penalties, BAC & License (2026)
South Dakota Codified Laws, Chapter 20-9: LIABILITY FOR TORTS
§ 20-9-2Comparative negligence--Reduction of damages.In forcecited in 8 of our articles
In all actions brought to recover damages for injuries to a person or to that person's property caused by the negligence of another, the fact that the plaintiff may have been guilty of contributory negligence does not bar a recovery when the contributory negligence of the plaintiff was slight in comparison with the negligence of the defendant, but in such case, the damages shall be reduced in proportion to the amount of plaintiff's contributory negligence. Notwithstanding Woods vs. City of Crooks, 559 N.W.2d 558 (SD 1997), the determination of whether the contributory negligence of the plaintiff was slight in comparison with the negligence of the defendant shall be made without disclosing any determination of percentage of plaintiff's fault by special interrogatory.
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 54 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Isaac v. State Farm Mutual Automobile Insurance Co. (South Dakota Supreme Court 1994, 522 N.W.2d 752)“…urer from its duty of good faith and fair dealing." Under SDCL 20-9-2, contributory negligence of the plainti…”
- Chambers v. Dakotah Charter, Inc. (South Dakota Supreme Court 1992, 488 N.W.2d 63)“…slight in comparison with the negligence of the defendant. SDCL 20-9-2. [1] Based upon the three special co…”
- Westover v. East River Electric Power Cooperative, Inc. (South Dakota Supreme Court 1992, 488 N.W.2d 892)“…Under South Dakota’s comparative negligence statute, SDCL 20-9-2 10 , a plaintiff may recov…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Dakota Dog Bite Laws: Liability and Victim Rights, Medical Malpractice Laws in South Dakota (2026): Caps, South Dakota Motorcycle Accident Laws (2026): Deadlines
South Dakota Codified Laws, Chapter 15-2: LIMITATION OF ACTIONS GENERALLY
§ 15-2-13Contract obligation or liability--Statutory liability--Trespass--Personal property--Injury to noncontract rights--Fraud--Setting aside corporate instrument.In forcecited in 5 of our articles
Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within six years after the cause of action shall have accrued: (1) An action upon a contract, obligation, or liability, express or implied, excepting those mentioned in §§ 15-2-6 to 15-2-8, inclusive, and subdivisions 15-2-15(3) and (4); (2) An action upon a liability created by statute other than a penalty or forfeiture; excepting those mentioned in subdivisions 15-2-15(3) and (4); (3) An action for trespass upon real property; (4) An action for taking, detaining, or injuring any goods or chattels, including actions for specific recovery of personal property; (5) An action for criminal conversation or for any other injury to the rights of another not arising on contract and not otherwise specifically enumerated in §§ 15-2-6 to 15-2-17, inclusive; (6) An action for relief on the ground of fraud, in cases which heretofore were solely cognizable by the court of chancery; (7) An action to set aside any instrument executed in the name of a corporation on the ground that the corporate charter had expired…
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 98 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Morgan v. Baldwin (South Dakota Supreme Court 1990, 450 N.W.2d 783)“…an the six year limitation prescribed for contract actions, SDCL 15-2-13(1), and granted Baldwin summary…”
- Strassburg v. Citizens State Bank (South Dakota Supreme Court 1998, 581 N.W.2d 510)“…e Bank’s motion for summary judgment, concluding that under SDCL 15-2-13 the six year statute of limitations beg…”
- Green v. Siegel, Barnett & Schutz (South Dakota Supreme Court 1996, 557 N.W.2d 396)“…appeals from the trial court’s summary judgment ruling that SDCL 15-2-13 and 15-2-14.2, providing the statutes o…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Dakota Debt Collection Laws: The 20% Garnishment Cap and 120-Day Lien, South Dakota Scam and Fraud Laws: Where to Report, Right to Sue (2026), South Dakota Statute of Limitations: Filing Deadlines by Case Type
§ 15-2-14Action against sheriff, coroner, or constable--Action for statutory penalty or forfeiture--Action for personal injury.In forcecited in 9 of our articles
Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within three years after the cause of action shall have accrued: (1) An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution. But this subdivision shall not apply to an action for an escape; (2) An action upon a statute for a penalty or forfeiture where the action is given to the party aggrieved, or to such party and the state except where the statute imposing it prescribes a different limitation; (3) An action for personal injury.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 60 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Cunningham v. Yankton Clinic, P. A. (South Dakota Supreme Court 1978, 262 N.W.2d 508)“…year statute of limitations for personal injuries found in SDCL 15-2-14(3). The defendant argues that to excl…”
- Pitt-Hart v. Sanford USD Medical Center (South Dakota Supreme Court 2016, 878 N.W.2d 406)“…ake, or failure to cure shall have occurred . . . .”), with SDCL 15-2-14(3) (“[An action for personal injury] c…”
- Stratmeyer v. Stratmeyer (South Dakota Supreme Court 1997, 567 N.W.2d 220)“…barred by the three-year statute of limitation provided in SDCL 15-2-14. 7 The trial court denied his motion,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Dakota Recording Laws (2026): One-Party Consent Rules, South Dakota Slip and Fall Laws: Proving Premises Liability, Nebraska Statute of Limitations: Filing Deadlines by Case Type
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This article also draws on these acts and chapters (opening at their first section): South Dakota Codified Laws, Chapter 32-34: ACCIDENTS AND ACCIDENT REPORTS § 32-34-1 (, 32-34-2. Repealed.)
Related law for further reading — not part of this article’s citations.
Sources and References
- South Dakota Codified Laws Chapter 32-34: Accidents and Accident Reports(sdlegislature.gov).gov
- SDCL 32-34-5: Hit and run accident resulting in death or injury as felony(sdlegislature.gov).gov
- SDCL 32-34-3: Duty of vehicle operator to stop, give information, and aid injured persons(sdlegislature.gov).gov
- SDCL 32-34-4: Duty to stop after accident with unattended vehicle(sdlegislature.gov).gov
- SDCL 32-34-7: Reportable accidents defined(sdlegislature.gov).gov
- SDCL 22-16-41: Vehicular homicide(sdlegislature.gov).gov
- SDCL 32-23-10: Implied consent for chemical testing(sdlegislature.gov).gov
- SDCL 58-11-9: Motor vehicle insurance - Uninsured motorist and hit-and-run coverage(sdlegislature.gov).gov
- SDCL 20-9-2: Comparative negligence - slight/gross standard(sdlegislature.gov).gov
- South Dakota Division of Insurance: Automobile Insurance Consumer Information(dlr.sd.gov).gov
- South Dakota Office of Highway Safety(safesd.gov).gov
- South Dakota Department of Public Safety: Accident Records(dps.sd.gov).gov
- SDCL 22-6: Classification of felony and misdemeanor penalties(sdlegislature.gov).gov
- SDCL 32-34-6: Information furnished by driver involved in property damage accident(sdlegislature.gov)
- SDCL 32-34-3.1: Report to police when information cannot be given at scene(sdlegislature.gov)
- SDCL 32-34-9: Occupant to give notice when driver incapable(sdlegislature.gov)
- SDCL 32-34-23: Repair of vehicle with reportable damage(sdlegislature.gov)
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