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Detailed Answer

Under South Dakota law, you must prove the other motorist was negligent to recover damages. Negligence has four elements: duty, breach, causation and damages. See SDCL 20-9-2.

Elements of Negligence

• Duty: Every driver owes a duty to operate their vehicle with reasonable care, obey traffic signals and yield properly at exits under SDCL 32-30A.
• Breach: Violating signal rules (running a red light) or failing to yield on an exit ramp can establish breach.
• Causation: You must show that the breach directly caused the collision.
• Damages: You must have actual damages such as vehicle repair costs or medical bills.

Key Evidence to Gather

1. Police Reports: A report created under SDCL 32-12-7 often contains diagrams, citations and witness accounts.
2. Video Footage: Traffic-signal camera recordings, dashcam or surveillance video that captures the incident.
3. Witness Statements: Signed accounts from bystanders or other drivers who saw the collision.
4. Accident Scene Data: Skid mark measurements, debris patterns and black-box data analyzed by a reconstruction expert.
5. Physical Evidence: Photographs of vehicle damage, signal lights, road conditions and signage.
6. Medical and Repair Records: Invoices and reports documenting your injuries and property damage.

Preserving Evidence

• Contact law enforcement immediately so they document the scene.
• Photograph all angles of the vehicles, traffic signals and road before moving them.
• Note weather and lighting conditions.
• Obtain contact information and statements from witnesses at the scene.
• Request official copies of any camera footage from the relevant agency promptly.
• Store all medical records, repair estimates and bills in a dedicated folder.

Comparative Negligence

South Dakota follows modified comparative negligence. Under SDCL 20-9-3, your recovery may reduce by your percentage of fault.

Helpful Hints

• Preserve digital evidence quickly to avoid loss.
• Avoid admitting fault or making apologies at the scene.
• Get consent from witnesses for formal statements later.
• Monitor the three-year statute of limitations for personal injury claims.
• Organize all documents in a secure, backed-up format.
• Consider consulting an attorney early to review your evidence.

Disclaimer: This article provides general information on South Dakota law. It does not constitute legal advice. Consult a qualified attorney for advice about your situation.