Last verified: January 2026. This guide reflects current South Dakota Codified Laws Chapters 32-34.
Table of Contents
Quick Summary: South Dakota Hit and Run Laws
- Property damage: Class 1 misdemeanor, up to 1 year in jail and $2,000 fine
- Unattended vehicle: Class 2 misdemeanor, up to 30 days in jail and $500 fine
- Death or serious injury: Class 6 felony, up to 2 years in prison and $4,000 fine
- Vehicular homicide: Class 3 felony, up to 15 years in prison and $30,000 fine
- South Dakota is an at-fault state
- Report any accident involving death, injury, or property damage over $1,000 immediately
- You have 3 years for personal injury claims and 6 years for property damage
Primary Statutes:
- SDCL § 32-34-2: Failure to stop at scene of accident as misdemeanor
- SDCL § 32-34-3: Duty of vehicle operator to stop, give information, and aid injured persons
- SDCL § 32-34-4: Duty to stop after accident with unattended vehicle
- SDCL § 32-34-7: Reportable accidents defined
Penalties for Leaving the Scene of an Accident in South Dakota
Property Damage (§ 32-34-2)
- Charge: Class 1 misdemeanor
- Jail time: Up to 1 year
- Fine: Up to $2,000
Unattended Vehicle (§ 32-34-4)
- Charge: Class 2 misdemeanor
- Jail time: Up to 30 days
- Fine: Up to $500
Failure to Report (§ 32-34-3.1)
- Charge: Class 2 misdemeanor
- Jail time: Up to 30 days
- Fine: Up to $500
Death or Serious Injury
- Charge: Class 6 felony
- Prison time: Up to 2 years
- Fine: Up to $4,000
- Additional: Department of Revenue will revoke your registration
Vehicular Homicide (§ 22-16-41)
- Charge: Class 3 felony
- Prison time: Up to 15 years
- Fine: Up to $30,000
Vehicular homicide applies when a driver under the influence of alcohol, drugs, or prohibited substances operates a vehicle carelessly and causes someone’s death.
South Dakota Crash Statistics (2023-2024)
According to the South Dakota Office of Highway Safety, the state continues to address traffic safety challenges:
- 458 alcohol-related fatal and injury crashes in 2024, down from 498 in 2023
- The three-year average (2021-2023) for alcohol-related fatal crashes was 40
- 81% of fatal crashes occur on rural roads, the third-highest rate in the nation
- Alcohol-related fatal and injury crashes decreased by 5.9% while non-alcohol crashes increased by 2%
- DWI arrests decreased by 1.4% from the previous year
South Dakota’s rural character contributes to its high percentage of rural road fatalities, making highway safety initiatives particularly important.
Driver Duties After an Accident in South Dakota
Under SDCL § 32-34-3, drivers involved in an accident must:
- Stop immediately and remain at the scene
- Provide information: Name, address, contact information, and license number to the other party
- Render aid: Offer reasonable assistance to anyone injured
- Transport if needed: Upon request or if apparent the victim needs immediate care, transport them to a physician, surgeon, or hospital
- Report to police: Immediately report the accident if it results in death or injury and no peace officer is present
What Is a Reportable Accident in South Dakota?
Under SDCL § 32-34-7, you must immediately notify law enforcement of any accident resulting in:
- Bodily injury or death
- Property damage exceeding $1,000 to any one person’s property
- Property damage exceeding $2,000 per accident total
You must report “by the quickest means of communication.” South Dakota law requires immediate reporting, not delayed filing.
Hitting an Unattended Vehicle
Under § 32-34-4, if you hit an unattended vehicle or property:
- Make a reasonable effort to locate the owner
- If unsuccessful, securely attach a note with your name, vehicle registration, address, and contact information to the struck vehicle
Failure to comply is a Class 2 misdemeanor.
Passenger and Occupant Duties
If the driver is unable to report an accident, a passenger or vehicle occupant must notify law enforcement. Failure to do so can result in misdemeanor charges.
When Is Hit and Run a Misdemeanor in South Dakota?
Hit and run is a misdemeanor when:
- The accident involves only property damage (Class 1 misdemeanor)
- You hit an unattended vehicle and fail to leave information (Class 2 misdemeanor)
- You fail to report a reportable accident (Class 2 misdemeanor)
- A passenger fails to report when the driver is incapable (Class 2 misdemeanor)
Additional charges that may accompany a hit and run include:
- Distracted driving
- Reckless driving
- Driving under the influence
A single set of facts may lead to multiple convictions.
When Is Hit and Run a Felony in South Dakota?
Hit and run becomes a Class 6 felony when you fail to stop at the scene of an accident involving:
- Death
- Serious injury
Upon conviction, the Department of Revenue will revoke your vehicle registration.
DUI Hit and Run and Implied Consent
South Dakota’s implied consent law means all drivers consent to sobriety tests when they get behind the wheel. Refusing a sobriety test results in automatic license suspension for up to 1 year.
SDCL § 22-16-41 defines vehicular homicide as occurring when someone under the influence of alcohol, drugs, or prohibited substances operates a vehicle carelessly and causes death, including the death of an unborn child. This is a Class 3 felony punishable by up to 15 years in prison and a $30,000 fine.
Notable South Dakota Hit and Run Cases
Sioux Falls Fatal Hit and Run (December 2024)
A 36-year-old man was arrested following a fatal hit and run in Sioux Falls earlier that month. The arrest came after an investigation by local law enforcement, demonstrating that authorities actively pursue those who flee accident scenes.
Moody County Tragedy (2024)
Moody County Chief Deputy Sheriff Ken Prorok was tragically struck and killed during a police chase. This high-profile case highlighted the dangers law enforcement face on South Dakota roads and contributed to discussions about traffic safety and enforcement.
Frequently Asked Questions
Is South Dakota a fault state?
Yes. South Dakota is an at-fault state, meaning the at-fault driver is responsible for paying damages to the injured party. The state uses a comparative negligence rule: you cannot collect damages if your share of responsibility is 51% or greater.
Can I leave the scene if I feel threatened?
Yes, but you must immediately report the accident to the nearest police station. Threatening bodily harm is a crime, so if someone threatens you, brandishes a weapon, or acts aggressively, you have the right to protect yourself. However, investigators will determine whether the threat was credible. Collect evidence of any aggression before leaving if possible.
What is the statute of limitations in South Dakota?
- Personal injury: 3 years
- Property damage: 6 years
- Wrongful death: 3 years
What is “reportable damage” on a vehicle?
Repairing a vehicle with “reportable damage” without proper notification is itself a misdemeanor under South Dakota law. This prevents drivers from hiding evidence of accidents by quickly repairing their vehicles.
What should I do as a hit and run victim?
- Do not leave the scene without gathering evidence
- Note the car make, color, driver description, license plate, and any other details
- Do not admit fault
- Seek medical attention and avoid commenting on your health at the scene
- File a police report immediately
- Consult an attorney before the statute of limitations expires