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.
SD’s hands-free law: What’s legal vs. illegal?
South Dakota’s statewide rule is primarily a texting-while-driving ban. In South Dakota, the following is generally allowed:
- Using hands-free features like Bluetooth, speakerphone and voice commands to call or navigate.
- Using your phone when you are lawfully parked/stopped out of traffic (e.g., pulled over and parked safely).
In contrast, the following is generally illegal:
- Texting while driving.
- Using a phone as a handheld device to check social media, music or other apps. This includes stops at traffic lights.
- Using a phone in ways that violate your license restrictions, such as minors/permit or provisional license holders who generally have stricter limits on cell phone use while driving under SD licensing rules.
Also, local ordinances in some cities may be more restrictive.
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.
How can you prove negligence in a South Dakota distracted driving claim?
Proving distracted driving after a crash can be an important step towards holding the responsible driver financially accountable for the cost of the accident. Those who are considering this step should know that South Dakota has unique comparative negligence rules. In order to build a successful case, the victim must establish that anything they did that could have contributed to the accident was “slight” compared to the actions of the other driver. Showing the other driver’s actions were primarily the cause of the crash, or that the other driver was grossly negligent, means the court will hold that driver accountable. Although many drivers in South Dakota are aware of the state’s difficult comparative negligence rules, legal counsel with experience in this complicated area of law can help to draw this distinction and better ensure a victim receives just compensation.
Why is the primary offense rule a game-changer for your claim?
In South Dakota, officers no longer need a pretext like a broken headlight or swerving in traffic to stop a distracted driver. Simply seeing a driver holding a device while the vehicle is in motion or “temporarily stationary” is enough. An example of “temporarily stationary” can include a stop at a traffic light. This is part of the South Dakota primary offense law.
A citation for violating the distracted driving statute can serve as evidence that the driver breached their duty of care. This can help to shift the burden of proof and make it much harder for insurance companies to deny liability.
What legal recourse is available for victims of distracted drivers in SD?
From the I-29 corridor in Sioux Falls to the Black Hills, victims of crashes in South Dakota can pursue a personal injury claim against the at fault driver to get compensation for a distracted driving accident. You can demand accountability for unsafe conduct such as texting, scrolling, dialing, eating, grooming, adjusting navigation and other distracting behaviors. You can often use police reports, phone records, witness statements and crash reconstruction to help establish the other driver was distracted and negligent, causing harm to the victim.
It is important to note that South Dakota imposes a strict statute of limitations. You must generally file a personal injury lawsuit within three years of the crash date. Delay can erase your leverage and block your recovery.
Compensation can cover economic losses including payment for medical bills, hospital care, surgery, rehabilitation, prescriptions and future treatment. You can also seek payment for lost wages, reduced earning capacity and career disruption as well as pain and suffering damages.
Contact Heidepriem, Purtell, Siegel & Hinrichs, LLP for a case evaluation.