Hoy Law Wins Supreme Court Decision Establishing Federal Trucking Regulations as the Standard of Care in South Dakota - The Desert Sun
The South Dakota Supreme Court ruled that federal trucking regulations (FMCSA) set the standard of care for negligence claims, meaning compliance with federal rules can be used as a defense in state court. This raises the bar for safety practices and increases liability risk for carriers operating in South Dakota.
Aforeworn detected this change in the Trucking / FMCSA Compliance space on July 8, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated High urgency. Motor carriers, owner-operators, and fleets operating in or through South Dakota should confirm how it applies to their specific situation before acting. There is a time constraint attached: Immediately; the ruling is effective now.. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors Trucking / FMCSA Compliance continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.
What changed
Federal trucking regulations are now the legal standard of care in South Dakota negligence cases, making non-compliance with FMCSA rules presumptively negligent.
Who it affects
Motor carriers, owner-operators, and fleets operating in or through South Dakota
What you must do
Review and ensure full compliance with all FMCSA regulations, especially hours of service, ELD, drug/alcohol clearinghouse, and safety ratings.
Deadline
Immediately; the ruling is effective now.
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