South Dakota Hit and Run Laws: Penalties and What to Do
Quick Summary of South Dakota Hit and Run Laws
Last verified: March 2026. This guide reflects current South Dakota Codified Laws (SDCL), Title 32, Chapter 34.
| Offense | Classification | Max Jail/Prison | Max Fine |
|---|---|---|---|
| Property damage hit and run (SDCL 32-34-2) | Class 1 misdemeanor | 1 year in jail | $2,000 |
| Hitting an unattended vehicle (SDCL 32-34-4) | Class 2 misdemeanor | 30 days in jail | $500 |
| Failure to report an accident (SDCL 32-34-3.1) | Class 2 misdemeanor | 30 days in jail | $500 |
| Injury or death hit and run (SDCL 32-34-5) | Class 6 felony | 2 years in prison | $4,000 |
| Vehicular homicide while impaired (SDCL 22-16-41) | Class 3 felony | 15 years in prison | $30,000 |
Primary Statutes:
- SDCL 32-34-2: Information furnished by driver involved in property damage accident
- 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 32-34-5: Hit and run accident resulting in death or injury as felony
- SDCL 32-34-7: Reportable accidents defined
Penalties for Leaving the Scene of an Accident in South Dakota
South Dakota law assigns different penalties depending on the severity of the accident and the driver's actions after the crash. Penalties escalate significantly when injuries or fatalities are involved.
Property Damage Only (SDCL 32-34-2)
If you leave the scene of an accident that involves only property damage, you face a Class 1 misdemeanor. This is the most serious misdemeanor classification in South Dakota.
- Charge: Class 1 misdemeanor
- Jail time: Up to 1 year
- Fine: Up to $2,000
Under this statute, any driver involved in an accident resulting in damage to a vehicle or other property must immediately stop and provide their name, address, contact information, and driver license number to the other party or to law enforcement.
Hitting an Unattended Vehicle (SDCL 32-34-4)
If you hit a parked or unattended vehicle, you still have legal obligations. Failing to follow the required steps is a Class 2 misdemeanor.
- Charge: Class 2 misdemeanor
- Jail time: Up to 30 days
- Fine: Up to $500
You must make a reasonable effort to find the vehicle's owner. If you cannot locate them, you must securely attach a written notice to the struck vehicle. That notice must include your name, vehicle registration number, address, and contact information.
Failure to Report (SDCL 32-34-3.1)
Failing to report a reportable accident to law enforcement is a separate offense from leaving the scene itself.
- Charge: Class 2 misdemeanor
- Jail time: Up to 30 days
- Fine: Up to $500
Injury or Death Hit and Run (SDCL 32-34-5)
Leaving the scene of an accident that results in injury or death to any person is a felony in South Dakota. The law requires you to stop immediately and comply with the duties outlined in SDCL 32-34-3.
- Charge: Class 6 felony
- Prison time: Up to 2 years in the state penitentiary
- Fine: Up to $4,000
- Additional consequence: The South Dakota Department of Revenue will revoke your vehicle registration
A Class 6 felony is the least serious felony classification in South Dakota, but a felony conviction still carries lasting consequences. It can affect your employment, housing, and civil rights.
Vehicular Homicide While Impaired (SDCL 22-16-41)
When a driver under the influence of alcohol, drugs, or other prohibited substances operates a vehicle negligently and causes the death of another person, the charge escalates to vehicular homicide. This includes the death of an unborn child.
- Charge: Class 3 felony
- Prison time: Up to 15 years
- Fine: Up to $30,000
- License revocation: Not less than 10 years from the date of sentencing or 10 years from initial release from prison, whichever is later
Driver Duties After an Accident in South Dakota
Under SDCL 32-34-3, every driver involved in an accident must take specific actions. Failing to complete any of these steps can result in criminal charges.
Required Actions at the Scene
- Stop immediately at the scene or as close to it as safely possible.
- Provide your information to the other driver or to a law enforcement officer. This includes your name, address, contact information, and driver license number.
- Render reasonable assistance to any injured person at the scene.
- Arrange transportation for injured persons if needed. If the victim requests it or clearly needs immediate medical attention, you must transport them to a physician, surgeon, or hospital.
- Report to law enforcement immediately if the accident involves death or injury and no peace officer is already present.
What Counts as a Reportable Accident?
Under SDCL 32-34-7, you must immediately notify law enforcement of any accident that results in:
- Bodily injury or death
- Property damage exceeding $1,000 to any one person's property
- Total property damage exceeding $2,000 per accident
The law requires notification "by the quickest means of communication." You cannot wait until the next day or drive to a police station at your convenience. Immediate reporting means calling 911 or contacting the nearest law enforcement agency right away.
Passenger and Occupant Duties
If the driver is physically incapable of reporting an accident, passengers or other vehicle occupants must step in and notify law enforcement. Failing to do so is a Class 2 misdemeanor (up to 30 days in jail and a $500 fine).
When Is Hit and Run a Misdemeanor in South Dakota?
Hit and run remains a misdemeanor when:
- The accident involves only property damage and no injuries or fatalities (Class 1 misdemeanor under SDCL 32-34-2)
- You hit an unattended vehicle and fail to leave the required information (Class 2 misdemeanor under SDCL 32-34-4)
- You fail to report a reportable accident (Class 2 misdemeanor under SDCL 32-34-3.1)
- A passenger fails to report when the driver is physically incapable (Class 2 misdemeanor)
Even a misdemeanor hit and run can lead to additional charges if prosecutors determine other offenses occurred during the same incident. Common accompanying charges include:
- Reckless driving
- Distracted driving
- Driving under the influence (DUI)
- Driving without a valid license or insurance
A single set of facts can support multiple convictions.
When Is Hit and Run a Felony in South Dakota?
Hit and run becomes a Class 6 felony under SDCL 32-34-5 when the accident involves:
- Death of any person
- Injury to any person
Upon conviction, the Department of Revenue revokes your vehicle registration. Combined with a felony record, this creates significant barriers to driving legally in the future.
DUI and Hit and Run
Combining a hit and run with driving under the influence creates a much more serious legal situation. South Dakota's implied consent law (SDCL 32-23-10) means that all drivers operating a vehicle in the state are deemed to have consented to chemical testing (breath, blood, saliva, or urine) if lawfully arrested for DUI.
Refusing a chemical test results in an automatic one-year driver license revocation, and the refusal can be used as evidence against you at trial. Note that you can refuse field sobriety tests (walking a line, standing on one leg) without automatic penalties, but chemical tests are different.
If a DUI-related accident causes death, the charge becomes vehicular homicide under SDCL 22-16-41, a Class 3 felony with up to 15 years in prison and a mandatory license revocation of at least 10 years.
Insurance Implications of a Hit and Run in South Dakota
South Dakota Is an At-Fault State
South Dakota follows an at-fault insurance system. The driver who caused the accident is responsible for paying damages to the injured party.
Minimum Insurance Requirements
South Dakota law requires all drivers to carry at least:
- $25,000 in bodily injury liability per person
- $50,000 in bodily injury liability per accident
- $25,000 in property damage liability per accident
According to the South Dakota Division of Insurance, you must show proof of financial responsibility to license or operate a motor vehicle in the state.
Required Uninsured Motorist and Hit-and-Run Coverage
Under SDCL 58-11-9, every motor vehicle liability insurance policy issued in South Dakota must include uninsured motorist (UM) and hit-and-run coverage. This means your own policy covers you if you are the victim of a hit and run and the at-fault driver cannot be identified.
UM coverage pays for personal injuries caused by an uninsured driver or a hit-and-run driver. However, it does not cover damage to your vehicle. Coverage limits cannot exceed $100,000 per person in any one accident.
South Dakota's Comparative Fault Rule
South Dakota uses a unique "slight/gross" negligence system under SDCL 20-9-2. Unlike most states that use a 50% or 51% bar, South Dakota allows recovery only when the plaintiff's negligence is "slight" compared to the defendant's "gross" negligence.
The South Dakota Supreme Court has ruled that contributory negligence of 30% or more is "more than slight" as a matter of law, barring recovery entirely. If you share any meaningful degree of fault in the accident, it could affect your ability to collect damages.
Statute of Limitations for Hit and Run Claims
If you are a victim of a hit and run in South Dakota, you have limited time to file a civil lawsuit:
| Claim Type | Time Limit | Statute |
|---|---|---|
| Personal injury | 3 years | SDCL 15-2-14 |
| Property damage | 6 years | SDCL 15-2-13 |
| Wrongful death | 3 years | SDCL 21-5-3 |
These deadlines are strict. If you miss the filing deadline, the court will almost certainly dismiss your case regardless of its merits.
South Dakota Traffic Safety Statistics
South Dakota recorded 110 fatal crashes and 123 deaths in 2025, the lowest total in five years. Fatalities dropped 16.9% from 2024, with 25 fewer deaths on the state's roads, according to the South Dakota Office of Highway Safety.
Key trends from 2024 data:
- 458 alcohol-related fatal and injury crashes, down from 498 in 2023
- 81% of fatal crashes occurred on rural roads, the third-highest rural fatality rate in the nation
- Alcohol-related crashes decreased by 5.9% while non-alcohol crashes increased by 2%
- Over 50% of motor vehicle occupant fatalities involved unbelted drivers or passengers
Nationally, fatal hit-and-run crashes reached a record high, with 15% of all police-reported crashes involving a driver who fled the scene. One in four pedestrians and cyclists killed in crashes were struck by drivers who left the scene.
What to Do if You Are a Hit and Run Victim
If another driver hits you and leaves the scene, take these steps:
- Stay at the scene and check yourself and any passengers for injuries.
- Call 911 immediately. Report the accident to law enforcement as soon as possible.
- Document everything. Note the other vehicle's make, model, color, license plate (even a partial plate helps), and any details about the driver.
- Look for witnesses. Ask bystanders if they saw the accident and collect their contact information.
- Take photos of vehicle damage, road conditions, debris, skid marks, and your injuries.
- Seek medical attention promptly. Some injuries do not appear right away.
- Do not admit fault or speculate about the cause of the accident.
- File a police report. Make sure you get a copy of the report for your insurance claim.
- Contact your insurance company. Your uninsured motorist coverage (required in South Dakota under SDCL 58-11-9) can help cover your injuries even if the other driver is never found.
- Consult an attorney before the statute of limitations expires if you have significant injuries or losses.
Repairing a Vehicle with Reportable Damage
South Dakota law makes it a misdemeanor to repair a vehicle with "reportable damage" without proper notification to law enforcement. This provision prevents drivers from hiding evidence of an accident by rushing to a body shop. If you take a damaged vehicle in for repair after a hit and run, the repair shop may be required to notify authorities.
More South Dakota Laws
Sources and References
- South Dakota Codified Laws Chapter 32-34: Accidents and Accident Reports(sdlegislature.gov).gov
- SDCL 32-34-5: Hit and run accident resulting in death or injury as felony(sdlegislature.gov).gov
- SDCL 32-34-3: Duty of vehicle operator to stop, give information, and aid injured persons(sdlegislature.gov).gov
- SDCL 32-34-4: Duty to stop after accident with unattended vehicle(sdlegislature.gov).gov
- SDCL 32-34-7: Reportable accidents defined(sdlegislature.gov).gov
- SDCL 22-16-41: Vehicular homicide(sdlegislature.gov).gov
- SDCL 32-23-10: Implied consent for chemical testing(sdlegislature.gov).gov
- SDCL 58-11-9: Motor vehicle insurance - Uninsured motorist and hit-and-run coverage(sdlegislature.gov).gov
- SDCL 20-9-2: Comparative negligence - slight/gross standard(sdlegislature.gov).gov
- South Dakota Division of Insurance: Automobile Insurance Consumer Information(dlr.sd.gov).gov
- South Dakota Office of Highway Safety(safesd.gov).gov
- South Dakota Department of Public Safety: Accident Records(dps.sd.gov).gov
- SDCL 22-6: Classification of felony and misdemeanor penalties(sdlegislature.gov).gov