Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
When a driver runs a red light and collides with your vehicle in South Dakota, you must build a clear record to show they breached their duty of care. Follow these steps to establish liability:
Understand South Dakota Traffic Signal Laws
Under South Dakota Codified Laws § 32-17-1, a driver facing a steady red signal must stop at a clearly marked stop line or before entering the crosswalk or intersection. Violation of this statute creates a presumption of negligence. For full text, see https://sdlegislature.gov/Statutes/Codified_Laws/32-17-1.
Obtain the Police Report
Request the crash report from the responding law enforcement agency. It often records whether the driver ran the red light, documents damage, and includes diagrams and witness statements. A certified copy strengthens your proof.
Gather Photographic and Video Evidence
Collect photos of the intersection, skid marks, traffic signal position, and vehicle damage. Seek footage from traffic cameras, doorbell cameras, dash cameras, or nearby businesses. Timestamped videos can conclusively show the signal phase and impact sequence.
Secure Witness Statements
Identify and interview witnesses early. Record their accounts in writing or audio. Witnesses who saw the light phase and driver behavior can confirm the violation and sequence of events.
Consider Accident Reconstruction
An accident reconstruction professional analyzes skid marks, vehicle crush damage, and impact angles. Their report calculates speed and trajectory, linking the red light violation to the collision. This expert analysis bolsters causation and liability.
Apply South Dakota’s Comparative Negligence Rules
South Dakota follows a pure comparative negligence system under SDCL § 20-9-2. You may recover damages even if you bear some fault, but your recovery is reduced by your percentage of fault. Learn more at https://sdlegislature.gov/Statutes/Codified_Laws/20-9-2.
Helpful Hints
- Report the crash to police immediately and get a report number.
- Preserve electronic data promptly, including video and telematics.
- Seek medical attention for any injuries and keep all records.
- Keep a detailed log of repair estimates, rental car costs, and medical bills.
- Consult a qualified attorney early to review evidence and legal options.