SDCL § 32-31-6.2: Occupying highway shoulder or stopped--Accident caused--Penalty.

Any driver of a motor vehicle who, while violating § 32-31-6.1, causes an accident, is guilty of a Class 1 misdemeanor if:

(1) The accident is with a stopped emergency vehicle making use of its red visual signals; or

(2) The accident is with any vehicle making use of amber, yellow, or blue warning lights and the vehicle is either stopped or occupying the shoulder of the highway.