Failure to comply with the provisions of this chapter does not constitute contributory negligence, comparative negligence, or assumption of the risk. Failure to comply with the provisions of this chapter may not be introduced as evidence in any criminal litigation other than a prosecution under this chapter or in any civil litigation on the issue of injuries or on the issue of mitigation of damages.

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Terms Used In South Dakota Codified Laws 32-38-4

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Source: SL 1994, ch 266, § 4.