Determining Car Accident Fault
Summary
In South Dakota, fault in car accidents is determined based on negligence or recklessness. The state follows a comparative negligence system, meaning blame can be shared among parties. If speeding is involved, it can be considered reckless behavior. Consulting a lawyer is advisable for specific guidance.Full Conversation
I am wondering about who is to blame in a car accident
In South Dakota, the determination of blame in a car accident is based on fault. The person who caused the accident, either through negligence or recklessness, is usually at fault. However, South Dakota follows a "comparative negligence" system, where blame can be split among parties. Can you provide more specifics about the accident?
I was going through a uncontrolled intersection and there was a car half a block away giving me the right away. i got hit and the other driver said he was doing * to * mph.
From your description, it seems there may be shared fault. In South Dakota:
- Comparative negligence applies, meaning both parties can share blame.
- Fault is determined by recklessness or negligence.
- Speeding can be seen as reckless behavior.
You should consult with a lawyer for specifics.