SOUTH DAKOTA MOTORCYCLE LAW*

 

South Dakota motorcyclists are protected under South Dakota motorcycle law that makes negligent drivers responsible and liable to South Dakota motorcyclists. A biker who is involved in a South Dakota motorcycle accident may obtain compensation for his or her injuries that were caused by the other driver’s negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, no fault benefits, and more. What follows are some of the relevant law involving motorcycles in the State of South Dakota.

 

If you sustained an injury due to a South Dakota motorcycle accident and you haven’t contacted a lawyer about your South Dakota motorcycle accident, the best thing you can do for yourself is contact us NOW. We’ll listen to you and help you understand your options. If you have a case, we’ll help you find the best motorcycle accident injury attorney or law firm in your area. As an attorney who litigates these cases, I belong to many trial lawyer and motorcycle lawyer groups and have gone out of my way to find the best motorcycle attorneys in each state. Even the phone call is free, and there is no obligation. Don’t wait until it’s too late, make a simple call and talk to attorney Jason Waechter, The Motorcycle Lawyer.             1-877-Biker-Law (1-877-245-3752).

 

Ø      South Dakota is an at-fault state. This means that the law of negligence governs motor vehicle accidents. The person who is found to be “at fault” for the accident can be held accountable for your injuries and damages in your South Dakota motorcycle accident.

 

Ø      South Dakota Helmet Law: If you are riding on or operating a South Dakota motorcycle, and you are under the age of 18, you are required by law to wear a helmet.

 

SDCL § 32-20-4

32-20-4. Protective helmet required for minor--Violation as misdemeanor

No person under eighteen years of age may operate or ride upon a motorcycle on the public streets or highways of this state unless the person wears a protective helmet of a type meeting Department of Transportation Motor Vehicle Safety Standard 218 as in effect on January 1, 1984. No person may operate a motorcycle with any person under the age of eighteen as a passenger if the passenger is not wearing a protective helmet. A violation of this section is a Class 2 misdemeanor.

 

Ø      South Dakota Eye Protection: If you are riding on or operating a South Dakota motorcycle, and the South Dakota motorcycle is not equipped with a windscreen, then you are required by law to wear eye protection.

 

 

SDCL § 32-20-4.1

32-20-4.1. Eye protective device or windscreen required--Violation as petty offense

No person may operate a motorcycle unless he is wearing an eye protective device or unless the motorcycle is equipped with a windscreen of sufficient height and design so as to provide adequate eye protection to the operator when seated on the motorcycle in the normal operating position. However, no person may operate a motorcycle during the time period when headlights must be lighted while wearing an eye protective device that is tinted or shaded to reduce the light transmittance of the device to a level below thirty-five percent. A violation of this section is a petty offense.

 

Ø      South Dakota Minimum Insurance Requirements: The minimum insurance required by law for your South Dakota motorcycle is compulsory liability insurance.

 

• Bodily Injury Liability (1 person): $25,000
• Bodily Injury Liability (All persons, 1 accident): $50,000
• Property Damage Liability: $25,000

 

 

Ø      South Dakota UIM Coverage:  If you are injured in a South Dakota motorcycle accident by an at-fault driver who has the minimal insurance or no insurance at you, underinsured or uninsured motorist coverage may cover your injuries resulting from the South Dakota motorcycle accident.

 

• Underinsured Motorist Coverage: If you are injured by an at-fault driver who does not have adequate insurance to cover your injuries resulting from your South Dakota motorcycle accident, underinsured motorist coverage may cover you.

 

• Uninsured Motorist Coverage: If you are injured by an at-fault driver who does not have any insurance to cover your injuries resulting from your South Dakota motorcycle accident, uninsured motorist coverage may cover you.

 

• Hit & Run: If you are injured in a South Dakota motorcycle accident, by a hit & run at-fault driver or an unidentified driver, UIM may cover your resulting injuries.

 

SDCL § 58-11-9

58-11-9. Motor vehicle insurance--Uninsured motorist and hit-and-run coverage--Amount of coverage--Uninsured motorist coverage not required for government owned vehicles

No policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle may be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state, except for snowmobiles, unless coverage is provided therein or supplemental thereto in limits for bodily injury or death equal to the coverage provided by such policy for bodily injury and death, for the protection of persons insured there under who are legally entitled to recover damages from owners or operators of uninsured motor vehicles and hit-and-run motor vehicles because of bodily injury, sickness, or disease, including death, resulting there from. However, the coverage required by this section may not exceed the limits of one hundred thousand dollars because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, three hundred thousand dollars because of bodily injury to or death of two or more persons in any one accident, unless additional coverage is requested by the insured. Any policy insuring government owned vehicles may not be required to provide uninsured motorist coverage.

 

Ø      South Dakota UIM Coverage Limits:

 

• $100,000 Coverage limit for 1 person injured in an accident
• $300,000 Coverage limit for all persons injured in an accident
  
  

Ø      South Dakota Statute of Limitations: If you are injured in a South Dakota motorcycle accident, you must commence suit against the at-fault driver within 3 years from the date of your South Dakota motorcycle accident.

           

Source: SDC 1939 §33.0232 (5); SL 1945, ch 144.

15-2-14: Action against sheriff, coroner, or constable – Action for statutory penalty or forfeiture – Action for personal injury.

 

Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within three years after the cause of action shall have accrued:

 

(1) An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution. But this subdivision shall not apply to an action for an escape;’

(2) An action upon a statute for a penalty or forfeiture where the action is given to the party aggrieved, or to such party and the state except where the statute imposing it prescribes a different limitation;

(3) An action for personal injury.

           

*There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident.

 

*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.

 

***Law portion of site in progress. South Dakota motorcycle law regarding South Dakota motorcycle accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.