Key Takeaways
- Distracted driving is a serious and growing problem in South Dakota, leading to numerous accidents and injuries.
- Texting while driving is illegal in South Dakota and carries significant penalties.
- Other forms of distracted driving, even if not explicitly illegal, can still lead to liability in an accident.
- Understanding the legal consequences of distracted driving can help prevent these dangerous behaviors.
- If you’ve been injured in an accident caused by a distracted driver, an experienced personal injury attorney can help you seek compensation.
According to the South Dakota Department of Public Safety, distracted drivers killed or injured 250 people in 2021. That figure, experts say, is likely higher due to the fact it’s often difficult to prove distracted driving after an accident takes place, especially if both drivers are in critical condition.
If you cause an accident as a distracted driver, you can face charges that result in license suspension, revocation, penalties or possibly jail time. Victims of distracted driving accidents can seek legal restitution for their injuries.
In this guide, the team at Alvine Law Firm explains the potential consequences for distracted driving and possible legal actions that victims can take to recover damages.
South Dakota Laws on Distracted Driving
Anyone who operates a vehicle while distracted poses a serious risk to the general public. SD Codified Law 32-26-47.1 specifically bans texting while driving, making it a criminal offense to drive any automobile while texting on a phone.
Police officers, paramedics, firefighters and people sending messages or making calls for emergency purposes are exempt from this law. It is also legal to use your phone to look at a GPS app or read a map.
But for those who decide to drive while using their mobile phones to send messages, engage on social media or perform other distracting activities, the resultant charges can be a class 2 misdemeanor that has several possible consequences:
- You may receive a fine of $122.50.
- License points that put a strike against your license.
- Possible license suspension, especially for repeat offenders.
If you are involved in an accident due to distracted driving, you could face higher insurance rates, expensive car damage, life-threatening personal injuries and be held liable for any damages or harm you cause to others.
If a law enforcement officer in South Dakota sees you using your phone while driving, they have the right to pull you over. They can question why you are using your phone, and if they determine that that reason does not fall within the exemptions of SDCL. 32–26 -47.1, then you can be charged.
Do Other Types of Distracted Driving Carry Charges?
There are no specific South Dakota laws that prohibit eating, grooming, talking on the phone, or doing other activities while driving. However, you can still be held liable if you are negligent while driving, because you were preoccupied behind the wheel. It is important for drivers to understand that they are liable for damages or harm. They inflict upon other people, regardless of the reason.
Although you may feel like something you’re doing doesn’t distract you, any time your full attention is not on the road, you are posing a risk to yourself and others. Distracted driving can result in serious consequences for everyone involved, including you or another person losing their life.
Distracted Driving and Negligence in Personal Injury Claims
South Dakota operates as a no fault state, which means that drivers are required to carry at least $10,000 of personal injury protection. This means that they can pay for their own medical expenses to a certain degree if they’re involved in an accident, regardless of who is at fault.
That being said, negligent drivers who cause accidents are still able to be held liable under South Dakota law. This could result in fines or jail time depending on the severity of the consequences and the nature of the case.
Driving while distracted could be considered a breach of duty to other drivers, periods. So even though a specific distracted driving behavior is not illegal, it can still be used as a form of evidence of negligence in an accident.
Consequences Beyond Traffic Tickets
- Civil Liability: On the most fundamental level, a distracted driver can be held liable for injuries that they cause to other people, as well as property damages that they inflict due to their negligent driving.
- Criminal Charges: You may face criminal charges if you’re distracted driving causes serious bodily harm to another person. This could include charges for reckless driving or even vehicular manslaughter.
- Increased Insurance Premiums: Distracted drivers who are involved in different incidents also face increased insurance premiums. While this may seem minimal compared to jail time, the increased cost of maintaining an insured vehicle can be a challenge for many people.
Protecting Yourself and Others
We understand how busy life gets, and it’s understandable that you may want to do other things while driving because you are so comfortable behind the wheel. However, you should always prioritize the safety of yourself, your passengers, and other people on the road.
In order to avoid distracted driving, there are some practical steps you can take:
- Put your phone away and silence notifications while driving.
- Plan your route in advance, or use your vehicle’s GPS system.
- Pull over if you need to use your phone or attend to other distractions.
- Pull over if your children are being loud and disruptive.
- Speak up if you are a passenger with a distracted driver.
What to Do if You’re Involved in an Accident
If you are injured in a distracted driving accident, gather as much information as you can. This includes contact information and insurance information for the driver, as well as photos of the scene and any resulting injuries or damages to your vehicle. You should also report the accident to the police as this report can be used as evidence in court.
You should also seek medical attention if necessary, and be sure to keep any documents that you receive during your evaluation or treatment.
You should also contact an experienced personal injury attorney in South Dakota who can represent you if you decide to file a claim against the driver. They can help you explore your rights and determine how much you could possibly recover from the accident.
Conclusion
Distracted driving causes hundreds of injuries every year, and sometimes, it can be fatal. South Dakota law prohibits texting while driving, but other types of distracted driving can still result in accidents and legal penalties.
The team at Alvine Law Firm have successfully recovered millions of dollars in personal injury cases. We would be happy to discuss your unique circumstances and determine what your legal options are. Please contact us today online or call 605-275-0808 to arrange your free consultation.
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