Car Accidents in Bismarck: How North Dakota’s No-Fault Insurance Affects Your Claim
According to the North Dakota Safety Council, there is a crash on a state public road every 54 minutes, and someone is injured in a crash every 3.5 hours. If you’ve been injured in a Bismarck, ND, car crash and are looking for full compensation, you must understand how the state’s no-fault system works, and when you can step outside. A Bismarck car accident lawyer can help you draft your car accident claim.
How North Dakota’s No-Fault System Works
North Dakota operates under a no-fault system, meaning your own Personal Injury Protection (PIP) coverage pays your initial medical bills and lost wages regardless of who caused the crash. In fact, every driver is required to carry PIP coverage.
This system is designed to speed up claims and reduce litigation. But it also limits what you can recover, and insurance companies count on injured drivers not knowing their rights.
When You Can Step Outside No-Fault and Sue
North Dakota’s no-fault rules aren’t absolute. If your medical expenses exceed $2,500 or you suffer serious injuries, you have the right to pursue a personal injury lawsuit against the negligent driver for additional damages, including pain and suffering.
This threshold matters enormously for victims dealing with mounting medical bills after serious accidents. If your injuries cross that line, you can pursue compensation beyond what PIP provides and a Bismarck car accident lawyer can help you determine what you are entitled to.
Common Causes of Car Accidents in Bismarck
Western North Dakota’s economy draws thousands of oil industry workers to the region, increasing the number of commercial vehicles and drowsy drivers on roads such as the Bismarck Expressway, Main Avenue, and State Street. Distracted driving and reckless driving are leading factors in traffic crashes on North Dakota roads, alongside harsh weather conditions that make roads especially dangerous in winter.
Based on the findings of the North Dakota Department of Transportation, vehicle accidents claim approximately 100 lives in the state every year. These aren’t just statistics; they represent real families dealing with severe injuries, vehicle damage, and financial hardship.
How Fault Is Determined After a Crash
North Dakota follows a modified comparative fault rule. You can recover damages as long as your share of fault is not greater than the combined fault of all other negligent parties. If you are found 51% or more at fault, however, you cannot recover any damages under N.D. Century Code § 32-03.2-02.
Insurance companies use this rule aggressively. They may argue that you share blame for the accident to reduce your total compensation. A car accident lawyer gathers evidence, including witness statements and traffic camera footage, to push back against those arguments.
Why Hiring a Car Accident Lawyer Makes a Difference
Personal injury attorneys know how to handle insurance companies that aim to settle quickly and cheaply. Here’s what experienced legal representation actually provides:
- No upfront costs. Most personal injury lawyers work on a contingency fee basis. You pay no attorney fees unless they recover money for you.
- Stronger evidence. Injury lawyers have access to accident reconstruction specialists and medical professionals who help build a compelling injury case.
- Better outcomes. Lawyers who prepare every case for trial pressure insurers to offer fair settlements rather than lowball offers.
It’s also critical to act quickly. The statute of limitations for personal injury claims in North Dakota is generally six years from the date of the accident under N.D. Century Code § 28-01-16, but some exceptions, such as claims involving government entities, carry shorter deadlines.
What Compensation Can You Recover?
Victims who step outside the no-fault system can pursue damages for medical expenses, lost wages, pain and suffering, and, in the most tragic cases, wrongful death. The total compensation available depends on the severity of your injuries, the negligent parties involved, and the strength of your personal injury claims.
For example, the LLG law office in Bismarck, ND, serves clients across Bismarck, assisting in North Dakota personal injury cases. Whoever you choose, check their track record with auto accident and motor vehicle cases before signing anything.
Contact a Bismarck Car Accident Lawyer Today
If you or someone you love was injured in a crash in Bismarck, ND, or anywhere across North Dakota, don’t navigate the no-fault system alone. Personal injury attorneys at Lowe Law Group offer a free consultation and free case evaluation so you can understand your legal options without obligation. Your recovery and your claim deserve serious attention from a personal injury law firm that will fight for maximum compensation.
