After a crash by the I-90/Corn Palace exit in Mitchell, the common wrong answer is: "Only the driver who caused the wreck can be sued." That is not always true.

If an airbag, seat belt, tire, brake part, or medical device failed and made her injuries worse, South Dakota may allow a separate product liability claim. That can be against the manufacturer and sometimes the seller or distributor if they put the defective product into the market.

The installer or repair shop is a different question. A shop is usually not liable just because it touched the vehicle. But it may be liable if it installed the part wrong, used the wrong part, ignored a recall, or said the repair was done when it was not. That is usually a negligence claim, not just strict liability.

What matters most is the evidence:

• the South Dakota Highway Patrol crash report
• the vehicle before it is repaired, salvaged, or destroyed
• recall notices, repair invoices, and part numbers
• any black box data and photos of the failed part

A recall helps, but it does not automatically win the case. It is evidence that the product may have been dangerous. No recall does not kill the claim either.

South Dakota generally gives 3 years for most personal injury lawsuits, but waiting is risky because the vehicle and failed parts can disappear fast. If she was a nurse, teacher, or other employee driving for work, she may also have a workers' compensation claim at the same time, and that can create a lien against any settlement right when tax-season medical debt is piling up.

The practical answer: she may have claims against more than one party, and the shop and manufacturer are judged for different reasons.