Key Takeaways:
- A recreational vehicle in South Dakota can be a motorhome, ATV/UTV, towing trailer, or other vehicle.
- RV operators are required to follow specific licensing and insurance requirements.
- You may be held liable for another person’s injuries if they are involved in an accident with your RV.
- Consulting an attorney can help you explore your rights and either seek justice or defend yourself after an RV accident.
South Dakota’s beautiful, rugged landscape makes it a haven for RV lovers. People from all over the country drive through South Dakota in an RV, appreciating the landscapes at Badlands National Park, Custer State Park, and Stokes-Thomas Lake City Park. There are even many popular RV parks throughout South Dakota that offer amenities and a safe place to rest as you enjoy your trip through the state. But RVing can present a unique opportunity for accidents, and it’s crucial to understand your risks and rights.
In this article, the team at Alvine Law Firm in Sioux Falls, SD, reviews RV accidents and potential risks that RV owners and operators face. We will also highlight South Dakota RV laws and regulations, insurance coverage requirements, and liability laws to help you better understand the legal landscape.
Defining an RV in South Dakota
“Recreational vehicle” can refer to multiple types of equipment and vehicles, including:
- Motorhomes (Class A, B, and C)
- Travel Trailers
- Fifth-Wheel Trailers
- Pop-Up Campers
- ATVs/UTVs (and their specific legal status in SD regarding road use)
- Snowmobiles (seasonally relevant in SD)
- Boats (if focusing on all recreational vehicles; otherwise, specify the focus)
Codified Law 32-5-1 defines a motor vehicle as anything that uses power besides muscle and operates on public highways [1]; Codified Law 32-6B-1.1 defines motor homes specifically [2]. They are recreational or temporary dwellings with at least four of the following features:
- Cooking facilities
- Ice box or mechanical refrigerator
- Potable water supply, including plumbing and a sink
- Heating and/or air conditioning system
- A 110/115 volt alternating current electrical system
No matter what type of recreational vehicle you operate, it is important to understand how South Dakota law can impact your liability after an accident.
Common Causes of RV Accidents
Driving errors are the leading cause of accidents; given that South Dakota is an at-fault state, the driver responsible for the accident is held liable for covering the other driver’s injuries and damages.
However, South Dakota is also a comparative negligence state, so if the other driver is partially responsible for the accident, their fault will be deducted from the amount of money they are allowed to recover for their damages.
Additional causes of RV accidents include:
- Improper Loading/Towing (exceeding weight limits, improper weight distribution)
- Mechanical Failure (tire blowouts, brake failure, steering problems)
- Road Hazards (poor road conditions, construction zones)
- Collisions with Other Vehicles
- Rollovers (particularly with top-heavy RVs)
- Backing Accidents
- Fires
South Dakota RV Laws and Regulations
South Dakota has various laws that oversee the operation of RVs, including license requirements, size and weight restrictions, and towing laws.
In order to drive an RV legally, you must have the right type of license. Drivers must hold a valid Commercial Driver License (CDL) to operate large motorhomes that weigh 26,0001 pounds or more.
Class A RVs under 26,001 pounds and under 40 feet long can be driven with a regular valid driver’s license.
Full-Time RV Requirements in South Dakota
If you are a permanent RVer, then you will need to file a residency affidavit and show receipt from an RV park, camp, or hotel/motel within the last year [3].
You must also have a document that shows your personal mailbox (PMB) address, such as a P.O. box at a post office.
You can complete the residency affidavit online or by mail. It must be notarized by a notary of the public or South Dakota driver’s license examiner.
Size and Weight Restrictions
In South Dakota, your trailer and towing vehicle cannot be longer than 45 feet. Double trailers cannot be longer than 75 feet, and the second trailer in a double-trailer configuration cannot be longer than 24 feet, according to S.D. Codified Law 32-22-2.1 [4].
ATV/UTV Regulations
You can drive ATVs/UTVs on public roads in South Dakota if you hold the proper license. All ATVs/UTVs must be titled. These vehicles are prohibited on interstate highways, and the vehicles must be properly insured.
Drivers of ATVs/UTVs in South Dakota must be at least 14 years old and have a valid driver’s license; helmets are required for all operators and passengers under 18.
Riding in parks and public grounds is generally only permitted on designated trails; drivers are responsible for making sure they are operating where they are allowed to, and you should always research a location’s requirements or restrictions before driving your ATV/UTV there [5].
South Dakota Open Container Laws
It is illegal to have alcohol in an open container in any motor vehicle on a public highway, according to Codified Law 35-1-9.1 [6]. Passengers are also prohibited from drinking alcohol in the vehicle, even if they are not driving. Violating this law is a Class 2 misdemeanor, but there are exceptions to the case, highlighted in Codified Law 35-1-9.3 [7].
It is best to err on the side of caution when operating your motorhome or RV on South Dakota roads. If you have questions about laws and regulations, you can consult with an attorney.
We offer free legal consultations for first-time clients. Call 605-275-0808 to arrange a call with one of our lawyers.
What Type of Insurance Do RVs Need in South Dakota?
All RV operators in South Dakota must have proof of “financial responsibility,” and this is done through purchasing the right type of insurance for your vehicle [8]. All licensed vehicles must have auto liability insurance coverage, and the limits are set by law.
RV operators in South Dakota are required to carry a minimum of $25,000 in bodily injury per person, $50,000 in bodily injury per accident, and $25,000 in property damage coverage [9].
Keep in mind there can be additional towing liability requirements, and you should carefully explore all the insurance regulations for your specific RV set-up.
If you are ever unsure about what level of coverage you need, you can check the South Dakota Division of Insurance, or reach out to an auto insurance provider in the state.
Steps to Take After an RV Accident
If you are involved in an accident with an RV, you should take quick action to document the scene. This includes contacting law enforcement to file a police report and receiving emergency medical attention if needed.
Gather contact and insurance information from the other driver. If you can, gather the names and phone numbers of witnesses as well.
Notify your insurance company of the accident promptly and keep record of this correspondence. However, avoid making any claims that admit fault until you can speak with an attorney.
An attorney can help make any adjustments to your claim and ensure you reach a fair settlement in the case.
Seeking Legal Help and Compensation
There is a three-year statute of limitations for personal injury claims in South Dakota (S.D. Codified Law 15-2-14) [10]. This may seem like a long time, but after an accident, victims may struggle for months or years to recover medically and financially.
If you have been involved in an accident and are worried about facing a lawsuit, it’s best to speak with an attorney as soon as possible to defend yourself.
Victims in RV accidents, whether you are the operator or another driver, can also speak with one of our attorneys to discuss how you can recover your losses through the legal system. We help you understand applicable laws and build a strong case that makes it clear you deserve compensation.
Schedule a free call with a personal injury and accident attorney in Sioux Falls, SD. Contact Alvine Law Firm online or call 605-275-0808. We look forward to hearing from you.
Sources
[1] Codified Law 32-5-1 | South Dakota Legislature
[2] South Dakota Codified Laws § 32-6B-1.1 (2023) – Motor home defined.
[3] South Dakota Residency Affidavit | South Dakota Department of Public Safety
[4] Codified Law 32-22-12.1 | South Dakota Legislature
[5] ATVs & Off-Highway Vehicles | South Dakota Game, Fish, and Parks
[6] Codified Law 35-1-9.1 | South Dakota Legislature
[7] Codified Law 35-1-9.3 | South Dakota Legislature
[8] Division of Insurance Consumer Information – Automobile Insurance