In South Dakota, fault in a car accident is determined based on the principle of “comparative negligence.” This means that each party involved in the accident is assigned a percentage of fault based on their actions leading up to the collision. The process typically involves gathering evidence such as police reports, witness statements, and accident scene photos. Insurance companies and legal professionals analyze this information to establish liability. It’s important to note that South Dakota follows a “modified comparative negligence” rule, meaning if you are found to be more than 50% at fault, you cannot recover damages from the other party. Consulting with an experienced car accident attorney can help navigate the complexities of fault determination and ensure your rights are protected.