Underride Accidents in South Dakota
Average Settlement: $700,000 – $2,500,000 | Statute of Limitations: 3 years from the date of the accident
Underride Accidents Overview
Underride accidents are among the deadliest types of truck crashes. They occur when a smaller vehicle slides underneath the trailer of a large truck, either from the rear or the side. The trailer can shear off the top of the passenger vehicle at windshield level, causing catastrophic or fatal injuries to occupants. Despite federal requirements for rear underride guards, many trucks lack adequate side guards, and existing guards may not meet the force of real-world crashes. Underride accidents often result in wrongful death claims.
South Dakota Truck Accident Laws
Statute of Limitations
3 years from the date of the accident
Fault Rules
Modified comparative fault (slight/gross system) — uses a unique slight vs. gross negligence comparison
Average Attorney Fee
33-40% contingency
Average Settlement Range
$350,000 – $900,000
Common Injuries in Underride Accidents
- •Decapitation and fatal head injuries
- •Severe traumatic brain injuries
- •Cervical spine fractures
- •Facial disfigurement
- •Crushing chest injuries
- •Wrongful death
Key Facts About Underride Accidents in South Dakota
- ✓Approximately 200 people die in underride accidents each year in the U.S.
- ✓Current federal law only requires rear underride guards, not side guards
- ✓Many existing rear guards fail to prevent underride in real-world crashes
- ✓The Stop Underrides Act has been introduced in Congress to strengthen guard requirements
- ✓Underride accidents have a significantly higher fatality rate than other truck crash types
- ✓Trucking companies can be held liable for inadequate underride guard maintenance
- ✓South Dakota uses a unique slight/gross negligence system for fault comparison
- ✓I-90 through South Dakota is a major east-west truck corridor
- ✓Harsh winter conditions contribute to dangerous driving conditions
Common Truck Accident Causes in South Dakota
- →I-90 corridor crashes
- →Agricultural truck collisions
- →Winter blizzard pileups
- →Tourist season traffic around Mount Rushmore
Injured in a Underride Accident in South Dakota?
Get a free case evaluation from a truck accident attorney experienced with South Dakota law. Most attorneys work on contingency — you pay nothing unless you win.
Calculate Your Settlement →Underride Accidents in Other States
Other Truck Accident Types in South Dakota
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in South Dakota for advice about your specific situation.