A working page for South Dakota intake teams and attorneys, with sourced crash data, South Dakota's fault and filing rules and state-specific screening questions. For a side-by-side view, use the car accident leads by state hub.
Fatal crashes in South Dakota: the 2024 figures
Crashes killed 146 people in South Dakota during 2024. That's 15.8 deaths per 100,000 population, 11th highest nationally, and 1.40 per 100 million miles traveled.
- Rural roads accounted for 117 deaths, 80% in South Dakota compared with 41% across the country.
- Motorcyclists: 33 deaths, 23% of South Dakota's total, against 16% across all states.
- Of 83 passenger vehicle occupants killed in South Dakota, 47 (57%) were unrestrained; nationally, 43%.
- 55% of South Dakota crash deaths (81) came from single-vehicle crashes; the all-state figure is 52%.
Figures come from the Insurance Institute for Highway Safety's state-by-state fatality table (FARS data); the national comparisons add up all 51 rows.
South Dakota fault, insurance and deadline rules
How South Dakota auto insurance works
South Dakota isn't one of the 12 no-fault states listed by the Insurance Information Institute, so injury claims run through the at-fault driver's liability insurance.
Minimum liability coverage
SDCL 32-35-70 sets an owner's policy at not less than $25,000 for bodily injury to or death of one person, $50,000 for two or more people and $25,000 for property damage in any one accident.
Fault and recovery
South Dakota compares degrees of negligence differently from most states. Under SDCL 20-9-2, a plaintiff's contributory negligence doesn't bar recovery only when it was slight in comparison with the defendant's negligence, and the damages are then reduced in proportion. The jury decides whether it was slight without a percentage of the plaintiff's fault being disclosed by special interrogatory.
Time limit to sue
SDCL 15-2-14 requires an action for personal injury to be commenced within three years after the cause of action accrued, unless a different limit applies in a special case.
Statutes change, so treat this as general information and confirm with the source.
South Dakota intake checklist
- Ask for the caller's account of fault in detail. Under SDCL 20-9-2, any more than slight negligence compared with the other driver's can bar the claim, so a clear liability story matters more here than in percentage-based states.
- Confirm the date of the collision early in the call. SDCL 15-2-14 gives three years, and an attorney should check anything approaching it.
- Ask whether the other driver's insurer has been in touch, and note whether the caller carries underinsured coverage; South Dakota requires only $25,000 per person in bodily injury liability.
- Ask for the county and road where the crash happened. 80% of South Dakota's 2024 deaths were on rural roads, so note the exact location for the police report request.
- Ask what the caller was riding or driving. Motorcyclists were 23% of South Dakota's 2024 crash deaths, so decide up front whether motorcycle callers fit your intake.
Augment Leads in South Dakota
We run car accident campaigns nationwide and send South Dakota leads only to firms that pick South Dakota. The injured person fills in the form, each lead goes to one firm and is never resold, and unqualified leads are replaced under a written policy. Over 50 law firms work with us. See MVA leads.
Spanish-speaking MVA leads are part of our regular product.
Frequently asked questions
What is the deadline to sue after a South Dakota car crash?
In most cases, three years (SDCL 15-2-14). Your attorneys should confirm it for each case.
Can a partly at-fault driver recover in South Dakota?
Only if their negligence was slight in comparison with the defendant's, under SDCL 20-9-2. Damages are then reduced in proportion.
What car insurance does South Dakota require?
SDCL 32-35-70 sets an owner's policy at not less than $25,000 for bodily injury to or death of one person, $50,000 for two or more people and $25,000 for property damage in any one accident.
How many people died in South Dakota car crashes in 2024?
IIHS counted 146 crash deaths in South Dakota in 2024, or 15.8 per 100,000 people.
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