South Dakota Contributory Negligence Lawyer

South Dakota stands apart from most of the country in how it treats an injured person’s own carelessness, and that difference shapes nearly every serious injury claim in the state. Hoy Law represents people across South Dakota whose claims are being challenged on the ground that they were partly to blame. Working with a South Dakota contributory negligence lawyer who understands the statute, its history, and the way it is argued in front of juries can be the difference between a fair recovery and none at all.

The rule is found in SDCL 20-9-2. In an action for damages caused by negligence, the injured person’s contributory negligence does not bar recovery when it was slight in comparison with the negligence of the defendant. When that is the case, the damages are reduced in proportion to the injured person’s contributory negligence. When the injured person’s negligence was more than slight, recovery is barred. The statute also provides that the slight negligence decision is made without disclosing any percentage of the injured person’s fault.

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 South Dakota’s Rule Differs From Other States

Most states divide fault between the parties using percentages, and a jury writes those numbers on the verdict form. South Dakota does not. Here, the question is qualitative. The jury decides whether the injured person was negligent at all, whether that negligence combined with the defendant’s to cause the injury, and whether it was slight or more than slight in comparison with the defendant’s negligence.

The word “slight” means small. There is no number attached to it, and the jury is not asked to disclose a percentage. 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 from that defendant.

People who move to South Dakota, or who are injured here while traveling, often assume the rule they have heard about elsewhere applies. Insurance adjusters sometimes describe the law loosely in ways that make a claim sound weaker than it is. Getting an accurate explanation early helps avoid decisions based on the wrong rule.

A Short History of the Statute

South Dakota’s slight negligence rule dates to a 1941 session law and was later amended in 1964 and again in 1998. Before it was enacted, the traditional common law rule could bar an injured person who was negligent in any degree. The legislature softened that result by allowing recovery when the injured person’s negligence was slight in comparison with the defendant’s.

The most recent change came in 1998. After the South Dakota Supreme Court’s 1997 decision in Woods v. City of Crooks, the legislature amended the statute to provide that the slight negligence decision is made without disclosing any percentage of the injured person’s fault by special interrogatory. The practical result is the system used today, where the jury answers whether the injured person’s negligence was slight or more than slight rather than writing down a number.

Why the Rule Makes Recovery Difficult

The opportunity to recover under this framework can be narrow. Any negligence a jury finds to be more than slight ends the claim, and even when the injured person’s negligence is found to be slight, the amount of the reduction is difficult to predict. Insurers understand this well.

Defense lawyers and adjusters work to push the injured person’s conduct past slight. They look for evidence of distraction, speed that was even marginally over the limit, unfamiliarity with the road, a missed precaution, or a delay in reacting. Each of those can be presented as more than slight negligence. Answering those arguments takes evidence, careful reconstruction of what happened, and a clear presentation of the defendant’s own negligence so the jury can make a fair comparison.

Contributory negligence is a defense, which means the defendant raises it and must support it with evidence. Hoy Law’s approach is to test that evidence closely while building the strongest possible record of the defendant’s conduct.

Claims Where Contributory Negligence Is Often Raised

The statute applies to negligence claims for injury to a person or to property, so it comes up across many kinds of cases. Hoy Law’s practice centers on vehicle collisions, where the defense appears most often.

• Car accidents: Intersection crashes, rear-end collisions, and lane-change disputes on city streets and rural highways frequently turn on competing accounts of who was paying attention.
• Truck accidents: Trucking companies often argue that the passenger vehicle driver lingered in a blind spot, cut in front of the truck, or followed too closely.
• Motorcycle accidents: Riders are frequently accused of speeding or poor lane position. South Dakota requires helmets for riders under 18, and eye protection is required unless the motorcycle has a windshield.
• Pedestrian and bicycle crashes: Insurers often claim the injured person crossed improperly or was hard to see, while downplaying the driver’s duty to keep a lookout.
• Rural highway and gravel road crashes: Crashes on two-lane highways and county roads often involve disputes about passing, speed for conditions, and visibility at uncontrolled intersections.
• Weather-related crashes: Snow, ice, and wind across the state lead to arguments that an injured driver should have slowed down further or stayed off the road.
• Premises injuries: Property owners sometimes argue a visitor should have noticed a hazard, which raises the same slight negligence question.

Other South Dakota Rules That Affect These Claims

Several other statutes and requirements often come into play alongside the contributory negligence defense.

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. A claim against a South Dakota public entity generally requires written notice within 180 days of the injury.

Under SDCL 32-38-4, failing to comply with the state’s seat belt law does not constitute contributory negligence or assumption of the risk. That evidence may be raised only on the issue of injuries or mitigation of damages.

South Dakota requires minimum auto liability limits of 25/50/25, along with uninsured and underinsured motorist coverage. When the at-fault driver has limited coverage, a UM or UIM claim against your own insurer may be part of the recovery, and your insurer can raise contributory negligence as well.

Frequently Asked Questions About South Dakota Contributory Negligence

Is South Dakota a contributory negligence state?

Yes. South Dakota applies a contributory negligence rule with a slight negligence standard under SDCL 20-9-2. An injured person can recover if their negligence was slight in comparison with the defendant’s, with damages reduced in proportion to that negligence. Negligence that is more than slight bars recovery.

What does “slight” mean?

Slight means small. South Dakota does not attach a number to it. The jury decides whether the injured person’s negligence was slight or more than slight in comparison with the defendant’s negligence based on all of the evidence.

Is the jury asked for a percentage of fault?

No. The statute provides that the slight negligence decision is made without disclosing a percentage of the injured person’s fault.

If my negligence was slight, do I recover everything?

No. When the injured person’s negligence is found to be slight, the damages are reduced in proportion to that contributory negligence. How much the jury reduces the award can be hard to predict.

Does the rule apply even if I was barely at fault?

The defense can raise it whenever there is evidence that your negligence contributed to the injury. Whether your conduct was negligent at all, and if so whether it was slight, is for the jury to decide.

Who has the burden of proving contributory negligence?

Contributory negligence is a defense, so the defendant raises it and must support it with evidence. Your lawyer can challenge that evidence and present the full picture of the defendant’s conduct.

Can not wearing a seat belt be used against me?

Under SDCL 32-38-4, failing to comply with the seat belt law is not contributory negligence. The evidence may be admitted only on the issue of injuries or mitigation of damages.

Does the rule apply in wrongful death cases?

The defense may argue that the person who died was negligent, and that argument can affect a wrongful death claim. Surviving family members should have the evidence preserved and reviewed early.

The insurance adjuster says I share the blame. Should I accept a low offer?

Not without understanding your options. An adjuster’s opinion about your conduct is a negotiating position, not a legal finding. Many people who are blamed early have stronger claims than the insurer acknowledges.

How soon should I talk to a lawyer?

As soon as you can. Video is overwritten, vehicle data can be lost, and witnesses become harder to find. Early investigation is often what keeps the defense from defining your conduct before the facts are gathered.

Representing Injured People Across South Dakota

Hoy Law represents clients statewide from its Sioux Falls office. The firm handles claims arising in Sioux Falls, Brandon, Tea, Harrisburg, and Hartford, and in communities across eastern South Dakota including Brookings, Watertown, Aberdeen, Huron, Mitchell, Madison, Yankton, and Vermillion. It also represents people hurt in Pierre and central South Dakota and in Rapid City, Spearfish, Sturgis, and the Black Hills. Crashes on I-29, I-90, and the rural highways that connect the state’s smaller towns are a regular part of the firm’s practice.

Talk With a South Dakota Contributory Negligence Attorney

When the other side says you were partly to blame, the gap between slight and more than slight can decide the entire case. Hoy Law’s attorneys know how this defense is built and how to answer it with evidence. Call (605) 334-8900 for a free consultation. The firm handles injury claims on a contingency fee, so there is no fee unless you recover compensation.