When an accident happens, the moments immediately following can feel chaotic and overwhelming. Yet the actions you take during those critical first hours often determine the strength of your personal injury claim. In South Dakota, you have three years from the date of your injury to file a personal injury claim—but the evidence you gather at the scene can make the difference between a successful recovery and a denied claim.
Proper documentation of your accident creates a clear record of what happened, establishes liability, and preserves critical information that might otherwise be lost. This guide walks you through the essential do’s and don’ts of documenting a personal injury accident in South Dakota, helping you protect your rights and build a stronger case.
Why Documenting Your Accident Scene Matters in South Dakota
Understanding why documentation matters begins with understanding how personal injury claims work in South Dakota. When you file a claim, you carry the burden of proving that another party’s negligence caused your injuries. This isn’t about proving fault beyond a reasonable doubt—it’s about demonstrating that the other party failed to exercise reasonable care, and that failure directly caused your harm.
South Dakota follows a slight/gross comparative negligence rule under SDCL § 20-9-2. This means you can recover damages only if your negligence is “slight” compared to the defendant’s “gross” negligence. This is a qualitative determination made by the court, not a simple percentage-based threshold. If the court determines your negligence is more than slight relative to the defendant’s negligence, your claim may be barred entirely. However, if you meet this standard, the percentage of fault assigned to each party directly affects your recovery. If you’re found 20% at fault, your compensation is reduced by 20%. This makes clear, contemporaneous documentation crucial—it helps establish exactly what happened and who bears responsibility.
Scene documentation serves multiple purposes. It preserves critical information before memories fade or details are forgotten. It creates an objective record that insurance companies and, if necessary, courts can review. It corroborates your account of events and demonstrates that you took the accident seriously enough to gather evidence. Most importantly, it gives your attorney the foundation needed to build a compelling case on your behalf.
The Do’s: Essential Steps for Documenting Your Accident
Do Prioritize Safety and Medical Attention First
Your safety and health come before any documentation. If you’re injured or in danger, move to a safe location if possible and call emergency services immediately. Never attempt to document an accident scene while standing in traffic or in an unsafe position.
Once you’re safe, seek medical attention promptly. This step serves two critical purposes: it ensures your injuries receive proper treatment, and it creates the first official documentation of your injuries. Medical records become some of the most important evidence in your claim. They establish a direct link between the accident and your injuries, document the severity of your condition, and create a timeline of your recovery.
Even if you feel fine immediately after the accident, visit a healthcare provider. Some injuries—particularly soft tissue injuries, concussions, and internal injuries—don’t manifest symptoms immediately. A medical evaluation creates a record that protects you if symptoms develop later. When you see a healthcare provider, describe your symptoms thoroughly and mention the accident. This ensures your medical records clearly connect your condition to the incident. Many accident victims don’t realize that injuries can appear long after a car accident, making prompt documentation even more critical.
Do Capture Comprehensive Scene Photography and Video
Photography and video are among the most powerful forms of evidence you can gather. They create an objective visual record of the accident scene, vehicle damage, road conditions, and environmental factors that may have contributed to the accident.
Photograph vehicle damage from multiple angles—front, back, sides, and close-ups of specific damage areas. Include photos showing the relationship between the vehicles and their positions relative to road markings, curbs, and other landmarks. Document the overall scene layout, including the road surface, weather conditions, lighting, and any visible hazards like potholes, debris, or obstructions. This visual evidence is crucial for accident reconstruction experts who may analyze your case.
Capture street signs, traffic signals, and lane markings. These details help establish whether traffic laws were followed and can be crucial in determining fault. If the accident occurred at an intersection, photograph the traffic signal timing and any visibility obstructions. If weather played a role, document wet pavement, snow, ice, or fog. You may also want to obtain traffic camera footage for the accident to supplement your own documentation.
Look for and photograph skid marks, debris, or other physical evidence at the scene. These details help reconstruct how the accident occurred. If possible, take a video walkthrough of the scene, narrating what you’re seeing. This creates a comprehensive record that’s difficult to dispute later.
The timing of your photos matters. Photographs taken within hours of the accident are more credible than those taken days later. Insurance companies and opposing counsel may argue that photos taken after the fact don’t accurately represent the scene as it existed immediately after the accident. Document the scene as soon as it’s safe to do so.
Do Collect Detailed Witness Information
Witnesses provide independent corroboration of your account. Their statements can be invaluable in establishing what happened and who was at fault. Approach witnesses calmly and ask if they saw the accident. If they did, request their full name, phone number, home address, and email address.
Ask witnesses what they saw and heard. Take notes on their account while it’s fresh. Ask specific questions: Where were you when the accident occurred? What did you see the other vehicle do? Did you see any traffic violations? What was the weather like? How fast were the vehicles traveling?
Get the names and contact information of any police officers who responded to the scene. Request the accident report number and the officer’s badge number. This information helps you obtain the official police report later, which becomes part of your documentation. Understanding what information your lawyer needs after a car accident will help you gather the right details from witnesses and officers.
Witness statements corroborate your version of events and strengthen your claim significantly. Insurance companies are more likely to offer fair settlements when independent witnesses support your account. If your case proceeds to litigation, witnesses may testify on your behalf.
Do Document Your Own Account and Injuries
Write down your account of what happened while your memory is fresh. Include the date, time, and location of the accident. Describe the weather and road conditions. Explain what you were doing immediately before the accident, what you saw, what you heard, and what you felt.
Describe your physical condition immediately after the accident. Note any visible injuries, pain, or discomfort. Document which body parts hurt and the severity of the pain. This contemporaneous account is more credible than recollections made weeks or months later.
Maintain a personal injury journal documenting your ongoing symptoms and how the injuries affect your daily life. Record pain levels, limitations on your activities, sleep disruptions, and emotional impacts. Note medical appointments, treatments, and medications. This journal demonstrates the full scope of your injuries and their impact on your quality of life—information that directly affects the value of your claim. Your documentation helps establish economic or non-economic damages that you may be entitled to recover.
Be honest and specific in your documentation. Exaggerations or inconsistencies can undermine your credibility. Focus on facts: what you experienced, what you observed, and what medical professionals told you.
Do Obtain the Police Report and Other Official Documentation
Request the accident report number from the responding officer. Obtain the officer’s name and badge number. Get the other driver’s full name, phone number, address, driver’s license number, vehicle identification number (VIN), license plate number, and insurance information.
Document the names and badge numbers of all officers who responded. Request a copy of the police report once it’s completed. The police report provides an official record of the accident, including the officer’s observations, statements from involved parties and witnesses, and the officer’s assessment of fault.
Preserve all official documentation: the police report, insurance information, medical records, receipts for medical treatment, repair estimates for your vehicle, and any correspondence with insurance companies. Organize these documents chronologically and keep them in a safe location.
The Don’ts: Critical Mistakes to Avoid When Documenting
Don’t Admit Fault or Apologize at the Scene
Statements made at the accident scene can be used against you later. Avoid saying “I’m sorry,” “It was my fault,” or “I didn’t see you.” Even seemingly innocent apologies can be interpreted as admissions of guilt. Don’t discuss the accident in detail with the other driver or bystanders.
Under South Dakota’s slight/gross comparative negligence rule, fault determination is critical. Any statement suggesting you bear responsibility for the accident can be used to reduce your recovery or deny your claim entirely. Insurance adjusters and opposing counsel will scrutinize every word you said at the scene. This is why disputing car accident fault requires careful documentation from the start.
Refrain from posting about the accident on social media. Don’t share photos, describe what happened, or comment on the other driver’s actions. Insurance companies monitor social media, and posts can be taken out of context or used to argue that your injuries aren’t as serious as you claim. What you intend as venting can become evidence used against you.
Don’t Delay Medical Evaluation or Treatment
Waiting days or weeks to seek medical attention creates a gap that insurance companies exploit. They argue that if your injuries were serious, you would have sought immediate treatment. This gap can be used to minimize the value of your claim or deny it entirely.
Seek medical evaluation promptly, even if you feel relatively fine. Some injuries develop over hours or days. A prompt medical evaluation creates a record that protects you if symptoms emerge later. Many people wonder when it’s too late to go to the doctor after a car accident, but the answer is clear: sooner is always better.
Don’t skip follow-up appointments or recommended treatments. Consistency in medical care demonstrates that your injuries are genuine and ongoing. Gaps in treatment suggest that your injuries resolved or weren’t serious to begin with.
Be honest with medical providers about your symptoms. Don’t minimize your pain or limitations. Medical professionals need accurate information to provide appropriate treatment and create accurate medical records. Minimizing your symptoms to medical providers undermines your claim later.
Don’t Rely Solely on Memory or Verbal Accounts
Memory fades quickly. Details that seem crystal clear immediately after an accident become fuzzy within days. Written documentation created at or near the time of the accident is far more credible than recollections made weeks or months later.
Don’t assume you’ll remember the details later. Write them down immediately. Don’t rely solely on the police report, even though it’s an official document. The police report reflects the officer’s observations and may not capture all relevant details. Your contemporaneous written account provides additional context and detail. This is one of the common mistakes that can hurt your personal injury case in South Dakota.
Create a written timeline of events: when the accident occurred, when you sought medical attention, when you received treatment, and when you communicated with insurance companies. This timeline helps organize your case and ensures nothing is overlooked.
Don’t Neglect to Preserve Physical Evidence
Don’t repair or dispose of your damaged vehicle immediately. Physical evidence—the vehicle itself—may be needed for expert analysis or litigation. Insurance companies and opposing counsel may want to inspect the vehicle to assess damage and reconstruct the accident.
Avoid cleaning up accident debris or discarding damaged clothing and personal items. These items may be relevant to your claim. Photographs of damaged clothing, for example, can demonstrate the force of impact and the severity of the accident.
If your vehicle is in an unsafe condition, you may need to move it to a safe location or have it towed. But don’t authorize repairs until you’ve consulted with your attorney. Your attorney may want to have the vehicle inspected by an accident reconstruction expert before repairs are made.
South Dakota-Specific Considerations for Accident Documentation
South Dakota law imposes specific duties on drivers involved in accidents. Under South Dakota Codified Law 32-34, drivers must stop at the scene of an accident, provide their name and address, provide owner information, and provide their vehicle license number. If anyone is injured, drivers must provide reasonable assistance. Insurance information exchange is a separate requirement under South Dakota insurance statutes, not part of SDCL 32-34.
South Dakota law also requires mandatory reporting to law enforcement when an accident involves injury, death, or property damage exceeding $1,000 to $2,000. This is not merely “if requested” but rather a mandatory duty when these thresholds are met.
Understanding these legal requirements helps you document compliance. If the other driver failed to stop, provide information, or notify law enforcement as required, this failure can support your claim. Document any violations of these duties. If you’ve been in a hit and run accident in South Dakota, these documentation requirements become even more critical.
South Dakota’s slight/gross comparative negligence rule affects how fault is determined and how your recovery is calculated. The state allows recovery only when your negligence is “slight” compared to the defendant’s “gross” negligence. Clear documentation of what happened helps establish that your negligence meets this standard and strengthens your recovery.
South Dakota’s statute of limitations gives you three years from the date of your injury to file a personal injury claim. This deadline is firm—if you miss it, you lose your right to recover. However, don’t let this deadline pressure you into accepting an inadequate settlement. Consult with an attorney well before the deadline to ensure your claim is properly filed.
Insurance requirements in South Dakota also affect your claim. South Dakota requires drivers to carry minimum liability insurance. If the other driver was uninsured or underinsured, your own insurance may provide coverage through uninsured or underinsured motorist protection. Proper documentation helps establish the other driver’s insurance status and supports claims under your own policy. Learn about uninsured vs. underinsured coverage to understand your protection options.
How to Organize and Preserve Your Documentation
Organization matters. As your case develops, you’ll accumulate medical records, insurance correspondence, repair estimates, photographs, and other documents. Organizing these materials makes it easier for your attorney to build a strong case and ensures nothing is overlooked.
Create a dedicated file—physical or digital—for all accident-related documents. Use a filing system that makes sense to you: chronological order, by document type, or by category (medical, insurance, vehicle damage, etc.). Whatever system you choose, use it consistently.
Store photographs and videos in cloud storage with multiple backups. Digital files can be lost if your device is damaged or stolen. Cloud storage ensures your evidence is preserved even if something happens to your phone or computer.
Keep medical records organized chronologically. Include appointment summaries, test results, imaging reports, treatment notes, and billing statements. This chronological record demonstrates the progression of your injuries and treatment.
Maintain a timeline of key events: the date and time of the accident, when you sought medical attention, dates of medical appointments and treatments, dates of insurance communications, and dates of any other significant events. This timeline helps you and your attorney understand the full scope of your case.
Preserve all correspondence with insurance companies. Keep copies of emails, letters, and notes from phone conversations. Document the date, time, and content of each communication. This record helps establish whether the insurance company acted in good faith or engaged in bad faith practices. Understanding common signs of insurance bad faith will help you recognize when an insurer is not acting fairly.
When to Contact a Personal Injury Attorney
You should contact a personal injury attorney from our team as soon as possible after an accident, ideally before speaking with insurance adjusters. Insurance companies employ adjusters trained to minimize claims and protect the company’s interests, not yours. An attorney protects your rights and ensures you don’t inadvertently say something that undermines your claim.
An experienced personal injury attorney can gather evidence beyond what you collect at the scene. Attorneys have access to accident reconstruction experts who can analyze vehicle damage and scene evidence to determine how the accident occurred. They can obtain surveillance footage from nearby businesses. They can subpoena medical records and employment records. They can identify and interview witnesses you may have missed. Learn about how expert witnesses can strengthen your personal injury case.
Attorneys also understand insurance company tactics and bad faith practices. If an insurance company unreasonably delays your claim, undervalues your injuries, or denies your claim without proper investigation, an attorney can pursue a bad faith claim against the insurer. This can result in recovery beyond your actual damages.
Early attorney involvement protects your rights throughout the claims process. Your attorney advises you on what to say and do, reviews all documentation, negotiates with insurance companies, and prepares your case for litigation if necessary. If you’ve been injured in an accident in South Dakota, contact an experienced personal injury attorney at 605-886-8361 to discuss your case and learn how we can help you recover the compensation you deserve. Read our client testimonials and explore our successful outcomes to see the difference we make.