A sudden collision on 41st Street or a fender bender near the Empire Mall can leave anyone feeling dazed. The moments following a crash are often chaotic, but the choices you make in that first hour can dictate your ability to recover physically and financially. If you find yourself standing on the side of a busy South Dakota road, knowing exactly what to do after a car accident in Sioux Falls helps you regain control of a volatile situation.
Prioritize immediate safety and reporting.
South Dakota law requires you to stop immediately at the scene. Failure to do so when there is injury or property damage can result in legal consequences under SDCL 32-34-3. Move your vehicle only if it poses a traffic hazard.
Check for injuries and call 911 to alert Sioux Falls authorities. A formal police report provides a neutral record of the accident, which is essential for insurance claims.
Understand the duty to provide information.
South Dakota law requires drivers involved in a collision to provide their names, addresses, and vehicle registrations. You must also present your driver’s license if the other party requests it.
Be cooperative but brief. Stick to the legally required facts and avoid discussing fault or apologizing, as such statements could be misconstrued as an admission of liability.
Document the scene in detail.
Sioux Falls weather can change quickly, potentially washing away skid marks or covering debris in snow. Use your phone to take photos of all vehicles involved from multiple angles. Capture the positions of the cars, any property damage like broken fences or signs, and the surrounding road conditions.
Look for witnesses who stopped to help. Ask for their names and contact information. Their independent accounts often carry significant weight because they have no financial stake in the outcome of your claim. Note the exact time of the accident and the nearest intersection or landmark.
South Dakota’s accident reporting thresholds
Significant accidents must be reported. Under SDCL 32-34-7, reporting is mandatory if the crash results in injury, death, or property damage to one person totaling $1,000 or more, or if total property damage reaches $2,000.
If an officer attends the scene, they typically handle the filing. Otherwise, you are responsible for notifying authorities immediately.
Navigate the complexities of financial responsibility.
South Dakota operates under a “fault” system for auto insurance. The person who caused the accident is generally responsible for the resulting damages. Every driver in the state must carry a minimum amount of liability insurance to cover bodily injury and property damage to others.
Specifically, South Dakota Codified Law 32-35-70 requires drivers to maintain “25/50/25” coverage (unless higher limits have been adopted by the latest legislative cycle). This includes $25,000 for bodily injury per person, $50,000 for total bodily injury per accident, and $25,000 for property damage. The state also requires Uninsured and Underinsured Motorist coverage, which helps protect you if the other driver lacks sufficient insurance.
The rule of comparative negligence
South Dakota follows a unique legal standard known as comparative negligence. Under South Dakota Codified Law 20-9-2, a person can still recover damages even if they contributed to the accident, provided their negligence was “slight” in comparison to the “gross” negligence of the other party.
This “slight vs. gross” standard is different from the rules used in neighboring states like Minnesota or Iowa. Because the definition of “slight” is not fixed, insurance companies often exploit this ambiguity to reduce the amount they pay out. Documenting the facts clearly is the only way to counter arguments that your own actions caused the crash.
Seeking medical attention in Minnehaha County
Visit a doctor as soon as possible after leaving the scene. Many common car accident injuries, such as whiplash or concussions, do not show symptoms for hours or even days. Sioux Falls is home to major medical centers like Avera McKennan and Sanford USD Medical Center, making it easy to get a professional evaluation.
Medical records serve as a direct link between the accident and your injuries. If you wait weeks to see a doctor, the insurance company might argue that your pain was caused by something else. Consistent treatment and following your doctor’s orders demonstrate that you are taking your recovery seriously. Note that, for personal injury claims, South Dakota generally allows a three-year window to file a lawsuit under South Dakota Codified Law 15-2-14.
Dealing with insurance adjusters
You will likely receive a call from the other driver’s insurance company shortly after the crash. They may ask for a recorded statement or offer a quick settlement. It is usually best to decline these requests until you have fully assessed your medical situation.
Insurance adjusters work for the insurance company and aim to settle claims for the lowest possible amount. Once you sign a release or accept a check, you generally cannot ask for more money later, even if your injuries turn out to be more severe than you thought.
How a local legal team helps
The team at Myers Billion, LLP understands the specific nuances of South Dakota’s statutes and the local court procedures in Sioux Falls. We handle the heavy lifting of investigations, evidence gathering, and insurance negotiations so you can focus on your health. Our firm brings a deep history of representing the people of this community, ensuring that your voice is heard when dealing with large corporations.
If you have questions about your rights or need guidance on the next steps, reach out to us. We offer a personalized approach to every case, treating our neighbors with the respect they deserve. You can reach our office at 605-501-5762 to discuss your situation and learn more about how we can support your recovery.
