South Dakota Contributory Negligence in Truck Accidents Lawyer

When a semi-truck crashes into a passenger vehicle, the trucking company’s defense team often arrives with a ready-made story about what the other driver did wrong. Hoy Law represents people hurt in commercial truck crashes across South Dakota, and it regularly answers those stories with the truck’s own data and the federal rules the carrier was supposed to follow. If a carrier is arguing that you caused or contributed to the crash, a lawyer who handles contributory negligence in truck accidents can explain how South Dakota law treats that defense and how to meet it.

South Dakota’s rule is found in SDCL 20-9-2. An injured person’s contributory negligence does not bar recovery if it was slight in comparison with the negligence of the defendant, and in that case the damages are reduced in proportion to the injured person’s contributory negligence. If the injured person’s negligence was more than slight, recovery is barred. The jury is not asked to put a percentage on anyone’s fault. In a truck case, where damages are often large and the defendants well funded, the line between slight and more than slight gives the trucking side a strong incentive to make the injured driver look careless.

Hoy Law is a Sioux Falls personal injury firm representing people hurt in truck, car, and motorcycle accidents across South Dakota. Focused on plaintiff injury work since 1991, its trial lawyers bring over 150 years of combined experience, and its attorneys include the only board-certified trucking accident lawyers in South Dakota. Hoy Law is located at 4900 S Minnesota Ave, Suite 200, Sioux Falls, SD 57108 and can be reached by phone at (605) 334-8900.

How Trucking Defendants Try to Push a Driver Past Slight

The trucking industry’s lawyers know that if a jury finds the injured driver’s negligence was more than slight, the carrier pays nothing. So the defense often begins investigating within hours of a serious crash, sometimes before the injured person has left the hospital. The arguments they build tend to follow familiar patterns.

• Blind spot claims: The carrier argues the car was traveling in an area the truck driver could not see. That argument ignores the truck driver’s duty to check mirrors and make sure a lane is clear before moving into it.
• Cut-off claims: The defense says the passenger vehicle merged or changed lanes too close in front of the truck. Forward-facing camera video and engine data often show how much time and distance the truck driver actually had.
• Wide-turn claims: When a truck swings wide to turn and strikes a vehicle, the carrier may argue the other driver should have waited. Whether the truck driver signaled properly and checked the space is central to the answer.
• Speed and following distance claims: Any suggestion that the injured driver was slightly fast or close behind another vehicle may be presented as more than slight negligence.
• Weather and visibility claims: On I-90 and I-29 in winter, carriers often argue the car driver should have slowed down more, while saying little about whether a fully loaded truck was operated safely for the same conditions.
• Distraction claims: Defense teams frequently request the injured driver’s phone records while resisting the release of the truck driver’s own cab camera, dispatch messages, and phone use.

Each of these arguments is aimed at the comparison the jury will make. The more clearly the evidence shows what the truck driver and the carrier did wrong, the harder it becomes to persuade a jury that the injured person’s conduct was more than slight.

Federal Trucking Rules as Evidence of the Carrier’s Negligence

Interstate trucking companies and their drivers must follow Federal Motor Carrier Safety Administration regulations. Those rules set a baseline of safe conduct, and violations can be powerful evidence on the defendant’s side of the comparison.

Hours-of-service rules limit how long a commercial driver may drive and require rest breaks and off-duty time. Electronic logging devices record driving time, and comparing those records with fuel receipts, dispatch messages, and delivery schedules can reveal fatigue or pressure to keep moving. Driver qualification rules require carriers to check a driver’s history and medical certification. Inspection and maintenance rules require carriers to keep trucks in safe condition, and brake, tire, and lighting problems often appear in those records. Cargo securement rules govern how loads are secured, because a shifting load can change how a truck handles.

Commercial trucks also carry engine control modules and often telematics and camera systems that record speed, braking, and other data in the moments before a crash. That information can be overwritten or lost if no one acts to preserve it. Hoy Law sends preservation demands early and works with experts who know how to download and interpret it.

Why Board Certification Matters in These Cases

Hoy Law attorneys Morgan Adams and Danny Ellis are board certified in Truck Accident Law by the National Board of Trial Advocacy, and they are the only board-certified trucking accident lawyers in South Dakota. That certification reflects focused experience with the federal regulations, carrier records, and liability questions that come up in commercial truck litigation.

In a contributory negligence fight, that experience shows up in practical ways: knowing which records a carrier is required to keep, recognizing when logs do not match the rest of the evidence, identifying every company that may share responsibility, such as the motor carrier, the owner of the truck or trailer, a broker, a shipper that loaded the cargo, or a maintenance contractor, and presenting the regulatory evidence so that a jury understands what the truck driver and carrier should have done.

Deadlines and Rules for South Dakota Truck Crash Claims

For an adult, the statute of limitations for a personal injury claim in South Dakota is generally three years from the date of the injury. Deadlines can be different for children, so families should talk with a lawyer about the timeline that applies to a minor. When a truck crash causes a death, a wrongful death claim generally must be filed within three years of the date of death. If a public entity is involved, such as a government-owned plow or maintenance truck or a road defect, written notice is generally required within 180 days of the injury.

Under SDCL 32-38-4, failing to comply with South Dakota’s seat belt law does not constitute contributory negligence. Trucking defendants may try to raise seat belt use, but the law limits that evidence to the issue of injuries or mitigation of damages.

South Dakota also requires UM and UIM coverage on auto policies. Most interstate carriers carry much more liability coverage than an individual driver, but identifying every insurance policy that may apply is still part of the investigation.

Truck Accident Contributory Negligence Questions

Can a trucking company avoid paying by blaming me?

It can try. If a jury finds your negligence was more than slight in comparison with the defendant’s, South Dakota law bars recovery. If your negligence was slight, you can recover, with damages reduced in proportion to your contributory negligence. The evidence of the truck driver’s and carrier’s conduct is central to how that comparison comes out.

Does the jury assign a percentage of fault to me and the trucking company?

No. South Dakota’s statute provides that the slight negligence decision is made without disclosing a percentage of the injured person’s fault. The jury decides whether your negligence was slight or more than slight.

Is a truck driver held to a higher standard than other drivers?

Commercial drivers and carriers must follow federal safety regulations in addition to state traffic laws, and they receive specialized licensing. Violations of those rules can be strong evidence of negligence when a jury weighs the conduct of everyone involved.

What evidence does a trucking company have that I may not know about?

Carriers often have electronic logging data, engine control module data, cab camera video, dispatch messages, maintenance records, and driver qualification files. A lawyer can demand that this evidence be preserved and seek it in the litigation.

How quickly should evidence be preserved after a truck crash?

Immediately. Some electronic data and video can be overwritten, and the truck itself may be repaired or returned to service. Early preservation demands help protect the evidence that answers the carrier’s arguments.

The carrier says I was in the truck’s blind spot. Does that end my claim?

No. Truck drivers have a duty to check their mirrors and make sure a lane is clear before changing lanes or turning. Whether being near a truck was negligent at all, and if so whether it was slight, is a question for the jury based on all of the evidence.

Can my not wearing a seat belt be called contributory negligence?

Not under South Dakota law. SDCL 32-38-4 provides that failing to comply with the seat belt law is not contributory negligence, although the evidence may be raised on the issue of injuries or mitigation of damages.

Who besides the driver can be responsible for a truck crash?

Depending on the facts, responsibility may extend to the motor carrier, the owner of the truck or trailer, a freight broker, the shipper or loader, or a maintenance company. Identifying every responsible party early matters, because each one’s conduct is part of the picture.

My spouse was killed in a truck crash. Can the carrier blame them?

The defense may argue that the person who died was negligent. Because that person cannot tell their side, reconstruction, vehicle data, and witness testimony become especially important in a wrongful death case arising from a truck crash.

Should I talk to the trucking company’s insurance adjuster?

It is wise to speak with a lawyer first. Adjusters for commercial carriers are experienced at gathering statements that can later support a contributory negligence defense.

Truck Crash Representation Across South Dakota

Hoy Law represents people hurt in truck crashes throughout South Dakota from its Sioux Falls office. The firm handles claims arising along I-90, from Brandon, Hartford, and Sioux Falls west through Mitchell, Chamberlain, and Wall to Box Elder, Rapid City, Sturgis, and Spearfish, and along I-29 from the Vermillion area and Sioux Falls north through Brookings and Watertown. It also represents people hurt on US and state highways that carry freight and farm traffic through smaller communities such as Aberdeen, Huron, Pierre, Madison, and Yankton.

Speak With a South Dakota Truck Accident Attorney About Contributory Negligence

If a trucking company is blaming you for a crash its driver caused, the case may turn on whether your conduct is found to be slight or more than slight. Hoy Law’s board-certified trucking accident lawyers know where to look for the evidence that answers that defense. Call (605) 334-8900 for a free consultation. The firm works on a contingency fee, so there is no fee unless you recover compensation.