Sioux Falls Contributory Negligence Lawyer

Hoy Law has represented injured people in Sioux Falls since 1991, and one of the most common problems clients bring to the firm is an insurer that says the crash was partly their fault. That accusation carries more weight in South Dakota than in most states. A Sioux Falls contributory negligence lawyer can explain what the defense has to prove, how a jury here weighs your conduct against the other party’s, and how to keep a fair claim from being reduced or wiped out.

Under 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. 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, there is no recovery. The rule has been part of South Dakota law for decades, and it is applied every day in claims arising from crashes on Sioux Falls streets and the interstates that surround the city.

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.

What a Sioux Falls Jury Is Asked to Decide

When a case with a contributory negligence defense goes to trial in Sioux Falls, the jury works through a series of questions. Was the defendant negligent, and did that negligence cause the injury? Was the injured person also negligent, and did that negligence combine with the defendant’s to cause the harm? If so, was the injured person’s negligence slight, or more than slight, in comparison with the defendant’s?

The word “slight” means small. The jury is not asked to assign a percentage to anyone, and the statute provides that the slight negligence decision is made without disclosing a percentage of the injured person’s fault. If the jury finds the injured person’s negligence was slight, it reduces the damages in proportion to that negligence. If it finds the negligence was more than slight, the injured person recovers nothing.

Contributory negligence is a defense, so the defense is the side that raises it and has to support it with evidence. That point matters. An insurer can claim you were careless, but at trial the defense needs proof, and Hoy Law’s job is to test that proof and present the evidence of the defendant’s own negligence in full.

Where These Disputes Come Up Around Sioux Falls

Sioux Falls is the Minnehaha County seat, and the city extends south into Lincoln County. Interstate 29 runs along the west side of the city, Interstate 90 crosses to the north, and Interstate 229 loops around the south and east. Add busy arterials and steady growth in surrounding towns, and the city sees a wide range of crashes where both sides point at each other.

• Intersection crashes: Disputes over a yellow light, a left turn, or who reached a four-way stop first are among the most common Sioux Falls contributory negligence fights. Signal timing, video, and independent witnesses can settle what an argument alone cannot.
• Rear-end collisions: The following driver is usually responsible, but defense lawyers sometimes argue the lead driver stopped abruptly or changed lanes without signaling, in an effort to make that driver’s conduct more than slight.
• Pedestrians and cyclists: People on foot or on bicycles are often accused of crossing outside a crosswalk, wearing dark clothing, or riding unpredictably. Those claims deserve close scrutiny, because a driver’s duty to watch the road does not disappear.
• Interstate merges and lane changes: Heavy traffic on I-29, I-90, and I-229 leads to sideswipe and merge crashes where each driver says the other drifted.
• Winter driving: Ice, blowing snow, and short daylight hours lead insurers to argue that an injured driver was going too fast for conditions, even when the other driver lost control first.
• Parking lot and driveway crashes: Busy retail areas produce low-speed collisions with real injuries, and both drivers frequently claim the other had the duty to yield.

Why Small Facts Become Big Arguments

Because South Dakota’s rule turns on whether your negligence was slight in comparison with the defendant’s, the defense has every reason to make small details about your conduct sound significant. A few seconds of looking at a navigation screen, a speed slightly above the limit, a missed shoulder check, or an unfamiliar route can all be packaged as more than slight negligence.

The answer is not to argue about adjectives. It is to build the comparison the jury will actually make. That means proving the other driver’s negligence clearly, showing how that negligence caused the crash, and putting your own conduct in its real context. If the other driver ran a red light while texting, the jury should understand exactly how that compares with anything you are accused of doing.

Hoy Law gathers police reports from the Sioux Falls Police Department, the Minnehaha County or Lincoln County Sheriff’s Office, or the South Dakota Highway Patrol, depending on where the crash happened. The firm also seeks scene photographs, witness accounts, business and traffic video, vehicle event data, phone records when appropriate, and medical records that tie your injuries to the collision. When the facts call for it, accident reconstruction can show speed, timing, and sight lines in a way a jury can follow.

Protecting Your Claim in the First Weeks

Get medical care promptly and follow through with treatment. Gaps in care are often used to argue that an injury was minor or caused by something else. Keep copies of bills, records, and anything you receive from an insurance company.

Think twice before giving a recorded statement to the other driver’s insurer. Adjusters are trained to ask questions that invite admissions about speed, attention, and timing, and those answers can become the core of a contributory negligence defense. You are generally not required to give a recorded statement to the other side.

Watch the deadlines. 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 talk with a lawyer about the timeline that applies to a minor. A wrongful death claim generally must be filed within three years of the date of death. If the claim involves the City of Sioux Falls, a county, or another public entity, written notice is generally required within 180 days of the injury.

Frequently Asked Questions About Contributory Negligence in Sioux Falls

What does contributory negligence mean in a Sioux Falls car accident case?

It means the injured person’s own carelessness helped cause the crash or the injury. In South Dakota, that does not automatically end a claim. Recovery is still possible if the injured person’s negligence was slight in comparison with the defendant’s, with damages reduced in proportion to that negligence.

What happens if a jury finds my negligence was more than slight?

Then South Dakota law bars recovery against that defendant. That is why the evidence about both drivers’ conduct deserves careful attention from the start.

Does the jury say what percentage of fault I had?

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 and, if slight, reduces the damages in proportion to it.

Who has to prove that I was negligent?

Contributory negligence is a defense, so the defense is the party that raises it and must support it with evidence. Your lawyer’s role includes challenging that evidence and presenting the full case against the defendant.

The other driver got a ticket. Can the insurer still blame me?

Yes. A citation helps, but it does not stop an insurer from arguing that your conduct also contributed. The jury decides the civil case based on all of the evidence.

I was hit while walking in Sioux Falls. Can a driver claim I was negligent?

A driver can make that argument, and insurers often do. Drivers still have a duty to keep a lookout and yield where the law requires. Witness accounts, video, and the driver’s own conduct are often central to answering that claim.

Does not wearing a seat belt count as contributory negligence?

Under SDCL 32-38-4, failing to comply with South Dakota’s seat belt law does not constitute contributory negligence. That evidence may still be raised on the issue of injuries or mitigation of damages, so it is something to discuss with your lawyer.

Will my own insurance company raise the same argument?

It can. If you make an uninsured or underinsured motorist claim, your insurer may look at your conduct the same way the other driver’s insurer does. South Dakota requires UM and UIM coverage, and those claims can be just as contested.

Is my case worth pursuing if the adjuster says I was partly at fault?

Often, yes. An adjuster’s view is a negotiating position, not a verdict. Whether your conduct was slight or more than slight depends on the evidence, and many people who are blamed early have a stronger claim than the insurer suggests.

Where are Sioux Falls injury cases filed?

Cases from crashes in Minnehaha and Lincoln counties are filed in circuit court in the Second Judicial Circuit, which covers both counties.

Serving Sioux Falls and Surrounding Communities

Hoy Law’s office is on South Minnesota Avenue in Sioux Falls, and the firm represents injured people throughout Minnehaha and Lincoln counties, including Brandon, Tea, Harrisburg, Hartford, Crooks, Renner, Baltic, Dell Rapids, Canton, and Lennox. The firm also handles claims from crashes along I-29 and I-90 leading out of the city and from communities across eastern South Dakota, with free consultations by phone or in person.

Contact a Sioux Falls Contributory Negligence Attorney

If you are being told that you share the blame for a crash, you deserve a clear explanation of what South Dakota’s rule really requires. Hoy Law’s trial lawyers can review the evidence, explain how a Sioux Falls jury is likely to see the comparison, and take on the insurance company on your behalf. Call (605) 334-8900 to schedule a free consultation. The firm works on a contingency fee, so there is no fee unless you recover compensation.