What to Do if You Are Hit by an Out-of-State Truck Driver

South Dakota sits at a major crossroads for commercial trucking. Interstates 90 and 29 carry an enormous volume of freight through the state every day, which means that when a serious truck accident happens here, the driver behind the wheel often comes from somewhere else entirely. If you’ve been hit by an out-of-state trucker, you may be wondering: does it matter where the driver is from? Who is actually responsible? And where do you even begin? These are fair questions, and the answers matter a lot for your claim.

South Dakota Law Still Governs Your Case

One of the first things people worry about after being hit by an out-of-state truck driver is whether they will have to deal with the laws of another state. In almost all cases, the answer is no. When an accident occurs in South Dakota, South Dakota law governs the personal injury claim. That includes the state’s three-year statute of limitations for personal injury cases under SDCL § 15-2-14, which means you generally have three years from the date of the crash to file a lawsuit. Missing that deadline can permanently bar you from recovering any compensation, so acting promptly is critical.

It also means South Dakota’s modified comparative negligence rules apply. If the truck driver or their employer tries to shift some of the blame onto you, the state’s fault system will determine how that affects your recovery.

Federal Regulations Apply Regardless of Where the Truck Is From

Here is something that works in your favor: commercial trucks crossing state lines are subject to federal oversight no matter where they are registered or headquartered. The Federal Motor Carrier Safety Administration (FMCSA) sets nationwide safety standards that apply to virtually all interstate trucking operations. These cover driver qualification requirements, hours-of-service limits designed to prevent fatigued driving, vehicle maintenance standards, cargo securement rules, and mandatory drug and alcohol testing programs.

When an out-of-state truck driver causes an accident in South Dakota, their compliance with these federal rules becomes a central issue in your claim. Violations of FMCSA regulations, such as a driver exceeding allowable hours on the road or a company failing to properly inspect its vehicles, can be powerful evidence of negligence. The fact that the driver came from another state does not shield them or their employer from accountability under these standards.

Steps to Take After the Crash

Being hit by a large commercial vehicle is disorienting, and knowing what to do in the immediate aftermath can significantly affect the outcome of your case. Here are the most important steps to take:

• Call 911 immediately and get a police report filed at the scene. This creates an official record that is crucial for any future claim.
• Seek medical attention right away, even if you feel relatively okay. Some serious injuries, including internal trauma and traumatic brain injuries, may not be immediately obvious.
• Gather information at the scene if you are physically able to do so. This includes the driver’s name, their commercial driver’s license number, the trucking company’s name and contact information, the truck’s license plate and Department of Transportation number, and insurance details.
• Document everything with photographs, including the damage to your vehicle, the truck, the road conditions, and any visible injuries.
• Avoid giving recorded statements to the trucking company’s insurance carrier before speaking with an attorney. Adjusters are trained to gather information that can be used to minimize or deny your claim.

Who Can Be Held Responsible?

Out-of-state truck accident cases often involve more potential defendants than a typical car accident. Depending on the circumstances, liability may extend beyond the driver to the trucking company that employed or contracted them, the business that owned the cargo, or even a third-party maintenance provider if a mechanical failure contributed to the crash. Trucking companies frequently have large legal teams and insurers ready to respond quickly after an accident. Building a strong case often requires prompt action to preserve evidence such as driver logs, black box data, and maintenance records before they are lost or overwritten.

Talk to a Sioux Falls Truck Accident Attorney Today

If you were hurt in a crash involving an out-of-state truck driver in South Dakota or the Sioux Falls area, you don’t have to figure this out on your own. Our Sioux Falls truck accident lawyers at Hoy Law have the knowledge and experience to handle the added complexities these cases bring, from tracking down out-of-state defendants to taking on well-funded trucking company insurers. We encourage you to contact Hoy Law today for a free consultation. Call us at (605) 334-8900 so we can start protecting your rights as soon as possible.

Source:

sdlegislature.gov/Statutes/Codified_Laws/15-2-14