The provisions of this chapter shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.
S.D. Codified Laws § 32-31-5
Duty of operator to use care--Liability for recklessness
Applied in 3 court decisions — leading case State v. Seidschlaw (1981)
Most recently applied in Gronseth v. Chester Rural Fire Protection District (February 2010)
Source: SDC 1939, § 44.0320 as added by SL 1959, ch 252, § 1; SL 1963, ch 254; SL 1967, ch 191.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.