## Truck accident claims in South Dakota Crashes involving commercial trucks (semis, 18-wheelers, big rigs, delivery trucks) are different from regular car crashes — bigger injuries, more potential defendants, more federal regulations, and more aggressive defense lawyering. South Dakota truck-accident cases get a 3 years statute of limitations. ## Why truck accidents are catastrophic - **Weight disparity** — a fully-loaded semi weighs ~80,000 pounds; a passenger car weighs ~4,000 - **Stopping distance** — a semi at highway speed needs ~525 feet to stop (twice a passenger car) - **Underride risk** — passenger cars can slide under truck trailers, often fatal - **Cargo hazards** — fuel tankers, hazmat carriers, unsecured loads create additional dangers Truck-crash injuries are typically severe: traumatic brain injuries, spinal cord damage, amputation, multiple fractures, burns, fatalities. ## Who can be liable in a truck accident Truck cases often have multiple defendants — and that's a feature, not a bug: 1. **The truck driver** — for negligent driving 2. **The trucking company** — for negligent hiring, training, supervision, dispatch (often the deepest pocket) 3. **The truck owner** — if different from the carrier 4. **The cargo loader / shipper** — for unsecured or shifted loads 5. **The maintenance company** — for inadequate inspection / repair 6. **The truck manufacturer** — for defects (brakes, tires, transmission) 7. **The broker / freight forwarder** — for negligent selection of an unsafe carrier Identifying every potential defendant is one of the most important early steps. ## Federal Motor Carrier Safety Regulations (FMCSR) Commercial trucks are governed by extensive federal regulations through the FMCSA. Common violations that establish liability: - **Hours-of-Service violations** — drivers exceeding maximum hours, falsified logbooks - **Maintenance failures** — brakes, tires, lights - **Pre-trip inspection violations** - **Driver qualification issues** — invalid CDL, missing medical certifications, failed drug tests - **Drug and alcohol testing violations** - **Cargo securement violations** - **Weight limit violations** - **Vehicle equipment violations** (underride guards, reflectors, lights) Documented FMCSA violations are powerful liability evidence. ## Critical evidence to preserve immediately Truck cases turn on evidence that disappears fast: - **Electronic Logging Device (ELD) data** — driver hours, speed, location - **Engine Control Module (ECM / "black box")** — speed, brake usage, throttle position before crash - **Driver's logbook** — hours of service - **Pre-trip inspection records** - **Bill of lading and cargo manifests** - **Maintenance records** - **Driver qualification file and CDL** - **Drug and alcohol test results** - **Trucking company's safety record (CSA scores)** - **Driver's prior incident reports** - **Dashcam and other video footage** - **Cellphone records** Send a **spoliation letter** demanding preservation of all this evidence within DAYS of the crash. Trucking companies routinely overwrite ELD data on a 6-month cycle and will discard physical evidence if not put on notice. ## Common causes - **Driver fatigue** — the #1 cause of truck crashes; HOS violations critical - **Distracted driving** — phone use is everywhere, even with carrier policies prohibiting - **Drug or alcohol impairment** — including legal medications that impair driving - **Speeding** — for road conditions, in construction zones - **Following too closely** — physics make this brutal - **Improper lane changes** — large blind spots make merges dangerous - **Aggressive driving** — tight schedules incentivize risk-taking - **Inexperienced drivers** — high turnover in the trucking industry - **Equipment failures** — usually trace back to maintenance shortcuts - **Weather** — required to slow but often don't ## Insurance — the deepest pockets in injury law Federal regulations require commercial trucks to carry minimum liability insurance: - **$750,000** — interstate trucks (general freight) - **$1,000,000** — passenger carriers (buses) - **$1,000,000** — hazmat carriers (some) - **$5,000,000** — large hazmat trucks Many large carriers carry FAR more — $5M-$25M+ in primary plus excess coverage. This is why truck-injury verdicts can be so large compared to passenger-car cases. ## Damages Recoverable damages typically include: - **Medical expenses** — past, present, and future - **Lost wages and lost earning capacity** — often substantial in catastrophic cases - **Pain and suffering** - **Permanent impairment / disfigurement** - **Loss of consortium** for spouses - **Wrongful death damages** for fatal cases - **Punitive damages** in cases of egregious conduct (intoxicated driver, falsified logs, knowing safety violations) ## Why you need a truck-specific attorney Generic personal-injury lawyers handle plenty of car-crash cases — but truck cases require: - **Knowledge of FMCSR** - **Experience with ECM/ELD evidence** - **Network of accident reconstructionists and trucking experts** - **Resources to litigate against well-funded defense firms** - **Knowledge of carrier insurance practices** Most plaintiff-side firms that handle truck cases work entirely on contingency and front all the litigation costs. ## What you should do If you've been hurt in a truck crash in South Dakota: get medical care immediately, document the scene if you can (or have someone do so), do NOT give a recorded statement to the trucking company's insurance, and contact a truck-accident attorney within DAYS — not weeks. Evidence preservation is time-critical. Most South Dakota truck-accident 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. Truck-accident cases are intensely complex and time-sensitive. Talk to a licensed South Dakota truck-accident attorney about your specific case.*