George Nelson | Sep 01 2025 14:00
South Dakota Comparative Fault: Can You Recover If You Were Partly at Fault?
Understanding comparative fault in South Dakota
Accidents are rarely one-sided, and South Dakota’s comparative fault law recognizes that reality. Under state law, you can still recover damages even if you were partly at fault for the accident — as long as your level of fault isn’t considered “more than slight” compared to the other party’s. This nuanced rule often sparks confusion, which is why working with an experienced personal injury attorney in Rapid City, SD can make a major difference in how your case is evaluated and resolved.
How fault affects your compensation
South Dakota is unique because it follows a “slight vs. gross” comparative negligence standard instead of the more common 50/50 or 51% rules used in other states. That means if your share of fault is deemed slight and the other party’s fault is gross by comparison, you can still recover compensation—though your total award may be reduced in proportion to your degree of fault. For example, if you were texting slightly before a car crash but the other driver ran a red light, the court may find your fault “slight” and still allow recovery.
Examples of comparative fault in action
Courts consider many factors when determining fault in a Rapid City car accident or other personal injury claim:
- Driver behavior: speeding, distraction, or intoxication.
- Property owners: failing to fix unsafe conditions or warn visitors.
- Pedestrians or cyclists: crossing improperly or not paying attention.
- Each case depends on the facts, and even small differences—like who had the right of way—can heavily influence compensation outcomes.
Why legal representation matters
Proving that your actions were only “slightly” negligent under South Dakota’s comparative fault standard requires strategy, evidence, and experience. Insurance companies often argue that an injured person’s fault was more than slight to avoid paying. A knowledgeable Rapid City personal injury lawyer can counter those claims with accident reports, witness testimony, and expert opinions. Whether your case involves a car accident, slip and fall, or wrongful death, having strong representation ensures your voice is heard and your rights are protected.
Working with George Nelson Law
At George Nelson Law, we help injury victims across Rapid City, Sturgis, Spearfish, and throughout Western South Dakota understand their legal options and fight for fair compensation. Our approach is thorough, local, and client-centered—we explain every step clearly and build your case with care. Learn more about our services on the Personal Injury page.
Get clarity on your case today
If you were injured and aren’t sure whether you can recover due to partial fault, don’t guess—ask. Contact our office for a free consultation with a personal injury attorney in Rapid City, SD, and let us evaluate your case. You may be entitled to compensation even if you share some responsibility. We’ll help you understand your options and move forward with confidence.