## How does shared fault work in a South Dakota injury case? Almost every accident has some allegation that BOTH parties did something wrong. The legal rule that decides how shared fault affects your recovery is called "comparative negligence" or "contributory negligence." There are four flavors used across the United States — and the one your state uses can be the difference between full recovery and nothing. ### South Dakota's rule **Modified comparative — 50% bar.** You can recover damages only if you are LESS than 50% at fault. If a jury finds you 50% or more at fault, you recover nothing. If you're under 50%, your recovery is reduced by your percentage. Example: $100,000 in damages and 30% your fault → you collect $70,000. **Worth knowing about South Dakota:** South Dakota uses a unique "slight versus gross" comparative rule — recovery is barred unless plaintiff's fault is "slight" compared to defendant's "gross" negligence. Effectively far stricter than the standard 50% rule. ## Why this matters in practice Insurance adjusters and defense lawyers fight HARD to push fault percentages onto plaintiffs because: - In a contributory state, even 1% fault wipes out the claim entirely - In a 50%-bar state, getting you to 50% defeats the case (instead of just discounting it) - In a 51%-bar state, getting you to 51% does the same - In a pure comparative state, every percentage point reduces what they pay The fault allocation is decided by the jury in a trial, by the adjuster in a settlement, and by the lawyers when negotiating. How well your evidence is presented (witnesses, photos, accident reconstruction, medical records) directly drives where the fault number lands. ## Common ways defendants try to push fault onto plaintiffs - **Speeding** — even slightly above the limit - **Distracted driving** — phone use, eating, adjusting the radio - **Failure to wear a seatbelt** — admissible in some states to reduce damages - **Pre-existing conditions** — "the injury would have happened anyway" - **Failure to mitigate** — not seeking treatment, not following medical advice ## What you should do If you've been hurt in South Dakota, the percentage of fault assigned to you is one of the most important numbers in your case. Don't talk to the at-fault driver's insurance company without an attorney — adjusters are trained to ask questions designed to elicit admissions that push fault onto you. Most personal injury attorneys offer free consultations and work on contingency. --- *This guide is general information about South Dakota law as of early 2026 and is not legal advice. Comparative-fault rules have many exceptions (joint-and-several liability, the "last clear chance" doctrine, statutory carve-outs, plaintiff status as cyclist or pedestrian) that may change the analysis in your case. Talk to a licensed South Dakota attorney.*