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South Dakota: shared fault rules

Whether you can still recover money if you were partly at fault for an accident, and how much your share of fault costs you.

Fault system	Slight/gross negligence comparison
When fault bars recovery	Recovery only if your fault is slight compared with the other side's
Law	SDCL 20-9-2

Your share of fault usually reduces what you can recover by the same percentage. Insurers use this rule when negotiating, so it matters even if you never sue.

General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Exceptions can apply. Confirm with the state agency, the court or a licensed professional in South Dakota.

Also for South Dakota: Car insurance by state in South Dakota · Claim deadlines in South Dakota · Small claims limits in South Dakota · Total loss rules in South Dakota · Dog bite rules in South Dakota · Accident reporting rules in South Dakota · Phone-while-driving laws in South Dakota · Motorcycle helmet laws in South Dakota

How we checked this

Rules come from a statute-cited 2026 personal injury table and match a defense firm's 51-jurisdiction chart, including Florida's 2023 change to a 51% bar. Last checked: November 12, 2026. Laws change; confirm with the state agency or a licensed professional before acting.

Cross-checked sources agree   Checked on official source confirmed on a government, court or legislature site   Single detailed source one detailed table built from statutes or official data   Under review sources disagree; read the note and the law.