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What are South Dakota’s distracted driving laws?

On Behalf of | Jan 28, 2025 | Motor Vehicle Accidents

Distracted driving has been a major public safety hazard for years both in South Dakota and throughout the U.S. People who can’t put their phones down cause hundreds of crashes every year throughout the state. Some of those crashes result in serious injuries or even death.

What does South Dakota law say?

South Dakota law prohibits using a cell phone while driving. As of 2020, it is a Class 2 misdemeanor offense in South Dakota to use a cell phone while behind the wheel. Taking pictures with a phone, reading a text message, composing a text message or posting to social media are all examples of ways that drivers could violate the law.

Exceptions to the law

There are exceptions for those using hands-free systems, those interacting with global positioning system (GPS) devices and those dialing a number, especially in an emergency scenario. Otherwise, any manual use of a device could lead to criminal consequences.

What are the three forms of distracted driving?

Driving requires full attention, but distractions can significantly impair a driver’s ability to operate a vehicle safely.

There are three main types of distractions: visual, cognitive, and manual. Visual distractions occur when a driver takes their eyes off the road. Cognitive distractions involve a driver’s mind wandering away from the task of driving. Manual distractions involve taking one or both hands off the wheel. Examples of all three distractions include:

  • Visual Distractions: Looking at a GPS device, reading a text message or observing something outside the vehicle
  • Cognitive Distractions: Engaging in intense conversations with passengers or on the phone, daydreaming or worrying.
  • Manual Distractions: Eating or drinking, adjusting car controls or reaching for objects.

Because texting can fall into all three categories, it is considered one of the most dangerous forms of distracted driving.

Understand your rights after an accident

If you or a loved one has been injured in an accident caused by a distracted driver, it is crucial to understand your rights. Distracted driving is a significant factor in many accidents, and victims may be entitled to compensation for their injuries. Seeking the guidance of a personal injury attorney can help you navigate the legal process and pursue a claim to cover medical expenses, lost wages and other damages.

Remember, holding negligent drivers accountable not only aids in your recovery but also promotes safer driving practices for everyone on the road across South Dakota.

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