Drugged Driving Suspected in Fatal South Dakota Pedestrian Accident
While drunk driving is commonly reported as the cause of fatal motor vehicle accidents here in South Dakota, we often hear less about cases involving drugged driving. Of course, driving under the influence of drugs is just as dangerous, and illegal, as doing so under the influence of alcohol. And drivers who engage in such irresponsible behaviors can face both significant criminal and civil liability under South Dakota law.
S.D. Man Faces Criminal Charges After Cocaine Found in Minivan
A recent story from Hughes County provides a tragic illustration of this. On September 28, 2025, the South Dakota Highway Patrol responded to the scene of an accident on Highway 34. A minivan struck and killed a 23-year-old pedestrian from Kennebec. The troopers interviewed the minivan’s driver, who consented to the search of his vehicle.
During this search, the troopers recovered “several baggies of cocaine and two capsules containing methamphetamine,” according to court records. A subsequent drug test determined there was cocaine in the minivan driver’s system, although a drug recognition evaluation found he was “reportedly not impaired.”
Nevertheless, police arrested the driver on multiple charges, including possession of cocaine with intent to distribute, unauthorized possession of a controlled drug or substance, and ingesting a substance other than alcohol for the purpose of becoming intoxicated.
Drugged Driving and Wrongful Death Lawsuits in South Dakota
You will note none of those charges relate directly to the death of the victim. Prosecutors may elect to bring such additional charges as their criminal case proceeds. But even if they do not, that would not absolve the minivan driver of potential civil liability for the victim’s death.
Under South Dakota law, the personal representative of the victim’s estate has the right to bring a wrongful death lawsuit against the driver. Because wrongful death claims are civil in nature, the estate would not necessarily need to prove that the driver committed any crime. Mere negligence in the operation of a motor vehicle leading to the victim’s death is sufficient. And while a criminal jury requires proof of a defendant’s guilt “beyond a reasonable doubt,” a civil jury hearing a wrongful death case need only find negligence according to a “preponderance of the evidence.”
That said, evidence of a driver operating their vehicle under the influence of drugs would be quite compelling in a wrongful death case. One thing to note here is that when it comes to drugged driving there is no specific threshold. In other words, while a person is legally too drunk to drive if they have a blood-alcohol concentration of 0.08 percent or higher, there is no minimum level of cocaine in a person’s system that is considered “safe” or “legal.” So any evidence of drug use by a driver might be enough to demonstrate they were reckless and negligent in causing a fatal accident.
Contact a Sioux Falls Drunk Driving Accident Lawyer
If you have lost a family member due to a drunk or drugged driver, you do not have to sit back and wait for the criminal justice system to take action. You can assert your rights to hold the wrongdoer civilly liable. To speak with a dedicated Sioux Falls drunk driving accident attorney, contact Hoy Law today at (605) 334-8900 to schedule a free consultation.
Source:
ktiv.com/2025/10/15/iowa-man-involved-fatal-pedestrian-vs-vehicle-crash-is-facing-drug-charges-court-documents-say/
