South Dakota's "slight/gross" comparative negligence rule — one of only two in the country — can eliminate an entire rideshare injury claim if the defense characterizes the victim's conduct as anything more than "slight," a bar that is far harder to clear than the 50% or 51% threshold used in every other modified comparative fault state.
South Dakota's TNC statute mandates first-dollar gap coverage, UM/UIM in both coverage periods, and a $1 million CSL during active rides — some of the most plaintiff-protective rideshare coverage provisions in the region. The challenge is that South Dakota's unique fault rule can eliminate the entire recovery if the carrier's defense team successfully characterizes any victim conduct as more than slight.
SDCL § 15-2-14 provides a three-year statute of limitations for personal injury claims in South Dakota. But the electronic evidence in rideshare cases operates on a far shorter timeline: Uber and Lyft retain GPS trip data, driver period status logs, and in-app communications subject to routine deletion within 30 to 90 days unless a formal litigation hold is served. The driver's Period 1, 2, or 3 status at the exact moment of the crash determines which insurance tier applies — Period 1 provides $50,000/$100,000/$25,000 plus UM/UIM; Periods 2 and 3 provide $1,000,000 CSL plus UM/UIM under SDCL §§ 32-40-8 and 32-40-9. That determination is made from timestamped trip data that an attorney must freeze within the first 24 to 48 hours of the crash.
SDCL Chapter 32-40 governs Transportation Network Companies in South Dakota. The statute includes a first-dollar gap provision under SDCL § 32-40-10: if the driver's personal insurance policy lapses, denies coverage, or is otherwise insufficient during Period 1, the TNC must provide coverage from dollar one. Period 1 coverage floors are $50,000 per person/$100,000 per accident bodily injury and $25,000 property damage, plus UM/UIM. During Periods 2 and 3 — from ride acceptance through passenger drop-off — the TNC must provide $1,000,000 combined single limit liability coverage plus UM/UIM. The UM/UIM requirement in both periods is among the most plaintiff-protective TNC insurance mandates in the region.
SDCL § 20-9-2 applies the "slight/gross" comparative negligence standard to all personal injury claims in South Dakota, including rideshare crashes. You recover only if your negligence was "slight in comparison" to the defendant's — a qualitative standard that South Dakota courts have applied strictly. Even modest victim fault attributions — failing to watch for cross traffic, not using a crosswalk, or being partially in a travel lane — can be characterized as exceeding "slight" and eliminating the entire recovery. This is dramatically harsher than the 50% and 51% bars used in North Dakota, Vermont, and Wyoming. The first-dollar TNC coverage and $1M Period 2-3 layer are valuable, but they're worthless if the slight/gross rule bars the victim's claim at the liability threshold.
South Dakota's rideshare statute under SDCL Chapter 32-40 is self-regulatory — it does not delegate oversight to the state Public Utilities Commission or a specific agency. TNCs must file annual reports with the Secretary of State, maintain required insurance, and comply with driver background check requirements under SDCL § 32-40-6. When a TNC driver with a disqualifying background — prior DUI, suspended license, prior assaults — was permitted to continue driving after the TNC had access to information that should have triggered disqualification, the TNC faces direct liability for negligent screening and retention. Obtaining the TNC's driver qualification records and background check history requires immediate legal action and formal discovery — the TNC will not produce these records voluntarily.
Legal Information Notice
The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
Under SDCL §§ 32-40-8 and 32-40-9, during Periods 2 and 3 — from ride acceptance through drop-off — the TNC must provide $1,000,000 combined single limit liability coverage plus UM/UIM. During Period 1, when the driver's app is on but no ride is accepted, the TNC must maintain $50,000/$100,000/$25,000 plus UM/UIM, with a first-dollar gap provision under SDCL § 32-40-10 if the driver's personal insurance lapses. The UM/UIM requirement in both periods is one of the most plaintiff-protective aspects of South Dakota's TNC statute. Source: South Dakota Legislature, https://sdlegislature.gov/Statutes/32-40-8
SDCL § 20-9-2 applies the "slight/gross" comparative negligence standard — one of only two jurisdictions in the country that uses this rule. You recover only if your negligence was "slight in comparison" to the defendant's. Unlike the 50% or 51% bar in most states, even modest victim fault attributions can bar the entire recovery. Defense teams in South Dakota TNC cases specifically target the slight/gross characterization because reaching it is far easier than reaching a 50% threshold. Building an overwhelming record of the TNC driver's conduct — GPS speed data, distraction evidence, prior violation history — is essential to establishing that any victim fault was, at most, slight. Source: South Dakota Legislature, https://sdlegislature.gov/api/Statutes/Statute/20-9-2
SDCL § 15-2-14 provides a three-year statute of limitations. But Uber and Lyft's trip data — the primary evidence for determining driver status and coverage tier — is subject to routine deletion within 30 to 90 days. An attorney must serve a formal litigation hold demand within the first 24 to 48 hours of the crash to preserve the timestamped driver period logs that determine which insurance tier applies. If a government entity shares fault, SDCL § 3-21-2 requires a written notice of claim within 180 days of the injury. Source: South Dakota Legislature, https://sdlegislature.gov/api/Statutes/Statute/15-2-14
South Dakota's TNC statute under SDCL Chapter 32-40 is self-regulatory — it does not assign oversight to a state Public Utilities Commission or similar agency. TNCs must file annual reports with the Secretary of State and must maintain required insurance and driver background check programs under SDCL § 32-40-6. There is no state agency that tracks individual TNC driver complaints or maintains TNC safety data. This means that evidence of a TNC driver's prior violations, complaints, or disqualifying history must be obtained through direct legal action against the TNC — information that TNCs do not voluntarily disclose and that requires formal litigation to produce. Source: South Dakota Legislature, https://sdlegislature.gov/Statutes/32-40-1
During Period 1 in South Dakota — driver app active, no accepted ride — the TNC must maintain $50,000/$100,000/$25,000 UM/UIM coverage under SDCL § 32-40-8. SDCL § 32-40-10 mandates first-dollar TNC coverage if the driver's personal insurance lapses or denies coverage during Period 1 — the TNC cannot claim the driver's personal insurance must respond first if it is unavailable. If the driver was completely offline — app closed — no TNC coverage applies and only the driver's personal insurance (if any) responds. Determining the driver's precise period status at the moment of impact requires the TNC's timestamped dispatch records, which must be preserved immediately via a formal litigation hold demand. Source: South Dakota Legislature, https://sdlegislature.gov/Statutes/32-40-10
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
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