32-26-56 . Funeral procession--Liability.
Liability for any death, personal injury, or property damage suffered by any person in a funeral procession may not be imposed upon a funeral establishment, the director of a funeral establishment, any agent or employee of a funeral establishment, any law enforcement agency or any law enforcement officer operating a funeral escort vehicle unless the death, personal injury or property damage is proximately caused by a negligent or intentional act or omission of the funeral director, an agent or employee of a funeral establishment, or the law enforcement officer operating the funeral escort vehicle.
Liability for any death, personal injury or property damage that results from, is caused by, or arises out of any action or inaction of any operator of a motor vehicle in a funeral procession under the control of a funeral establishment or the law enforcement officer operating a funeral escort vehicle may not be imposed upon the funeral establishment, the director of the funeral establishment, any agent or employee of the funeral establishment, any law enforcement agency or the law enforcement officer operating a funeral escort vehicle unless the death, personal injury or property damage is proximately caused by a negligent or intentional act or omission of the director of the funeral establishment, an agent or employee of the funeral establishment, or the law enforcement officer operating the funeral escort vehicle.
For the purposes of §§ 32-26-51 through 32-26-55 and this section, the operator of a motor vehicle in a funeral procession is not an agent of the funeral establishment unless the operator is an employee of the funeral establishment and is acting in the course of the operator's employment or unless the operator was retained as an independent contractor of the funeral establishment and is performing services under the terms of the contract.
Nothing in this section waives the sovereign immunity of the public entities of this state or the employees of this state.
Source: SL 2020, ch 125, § 6.
Structure South Dakota Codified Laws
Chapter 26 - Rules Of The Road
Section 32-26-4 - Mountain highways--Curves--Keeping to right--Violation as misdemeanor.
Section 32-26-5 - Highways divided by markings.
Section 32-26-6 - Lane driving required--Changing lanes--Violation as misdemeanor.
Section 32-26-7 - Three-lane highways--Overtaking and passing--Violation as misdemeanor.
Section 32-26-8 - Designation of lane for slow-moving traffic--Violation as misdemeanor.
Section 32-26-10 - Entering controlled-access highway--Violation as misdemeanor.
Section 32-26-12 - Applicability of controlled-access provisions.
Section 32-26-14 - Entry of highway from alley, building or private road--Violation as misdemeanor.
Section 32-26-17 - Right-turning vehicle required to keep right--Violation as misdemeanor.
Section 32-26-18 - Left-turning vehicle--Manner of making turn--Violation as misdemeanor.
Section 32-26-21 - Driving through safety zone prohibited--Violation as misdemeanor.
Section 32-26-21.2 - "Electric personal assistive device" defined.
Section 32-26-21.3 - Electric personal assistive devices exempt from provisions of certain chapters.
Section 32-26-21.4 - Motorized foot scooter defined.
Section 32-26-21.5 - Motorized foot scooter--Exempt from certain vehicle requirements.
Section 32-26-21.6 - Motorized scooter ordinances authorized in municipalities.
Section 32-26-24 - Manner of making arm signal--Violation as misdemeanor.
Section 32-26-25 - U-turn prohibited in no-passing zone or where unsafe--Violation as misdemeanor.
Section 32-26-26.1 - Overtaking bicycle--Minimum separation--Violation as misdemeanor.
Section 32-26-28 - Passing on right--Driving off pavement prohibited--Violation as misdemeanor.
Section 32-26-35 - Driving to left on grade or curve--Obstructed view--Violation as misdemeanor.
Section 32-26-36.1 - Driving to left permitted on one-way roads or in turning.
Section 32-26-37 - Passing in no-passing zone--Violation as misdemeanor.
Section 32-26-40 - Following too closely--Violation as misdemeanor.
Section 32-26-42 - Minimum space in caravans and motorcades--Exceptions--Violation as misdemeanor.
Section 32-26-43 - Maximum number of passengers in front--Violation as misdemeanor.
Section 32-26-46 - Definitions.
Section 32-26-47.2 - Social networking sites--Prohibition--Violation as misdemeanor.
Section 32-26-48 - Seizure of handheld electronic wireless communication device.
Section 32-26-49 - Distracted drivers public awareness campaign.
Section 32-26-51 - Funeral procession--Definitions.
Section 32-26-52 - Funeral procession--Law enforcement officer.
Section 32-26-53 - Funeral procession--Intersections.
Section 32-26-54 - Funeral procession--Motor vehicles in procession.
Section 32-26-55 - Funeral procession--Other vehicles--Violation as misdemeanor.