Motorcycle Accident Claims in North Dakota
The North Dakota helmet law, whether lane splitting is legal, how fault is shared after a motorcycle crash, and the deadline to sue.
Short answer: Riders under 18 must wear a helmet that meets U.S. Department of Transportation standards, whether operating or riding as a passenger (except in a lawful parade). N.D. Cent. Code § 39-10.2-06
| Motorcycle helmet law | Riders under 18 must wear a helmet that meets U.S. Department of Transportation standards, whether operating or riding as a passenger (except in a lawful parade). If the operator is required to wear a helmet, every passenger must also wear one regardless of age. Adults 18 and older are not required to wear a helmet. The motorcycle chapter does not say whether not wearing a helmet can reduce damages in an injury lawsuit. Reviewed N.D. Cent. Code ch. 39-10.2 on 2026-10-28; no provision on helmet use and damages found. Source: N.D. Cent. Code § 39-10.2-06 |
|---|---|
| Lane splitting | Banned. No person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not pass in the same lane occupied by the vehicle being passed. Police officers on duty are exempt. Motorcycles may ride no more than two abreast in a single lane. Source: N.D. Cent. Code § 39-10.2-03 |
| Fault rule (comparative negligence) | Modified comparative fault. An injured person's own fault does not bar recovery unless it was as great as the combined fault of all other persons who contributed to the injury (so 50% or more bars recovery); otherwise, damages are reduced by the person's percentage of fault. Liability among multiple defendants is generally several only (each pays its own share), except for persons who act in concert. Source: N.D. Cent. Code § 32-03.2-02 |
| Minimum car insurance | North Dakota is a no-fault state. Owners must carry basic no-fault (personal injury protection) benefits of up to $30,000 per person for economic loss, plus liability insurance of at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage. An injured person can sue an insured driver for noneconomic loss (such as pain and suffering) only for a "serious injury," which includes death, serious permanent disfigurement, disability beyond 60 days, or medical expenses over $2,500. Liability limits are stated in the motor vehicle liability policy section: https://ndlegis.gov/cencode/t39c16-1.pdf |
| Deadline to sue for an injury | Most personal injury lawsuits based on negligence must be filed within six years after the claim arises, under the catch-all for "any other injury to the person or rights of another not arising upon contract." Shorter deadlines apply to some claims: two years for assault, battery, false imprisonment, libel and slander. |
More North Dakota personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in North Dakota
- Wrongful Death Lawsuits in North Dakota
- Medical Malpractice Rules in North Dakota
- Car Accident Claims in North Dakota
- Dog Bite Liability in North Dakota
- Sidewalk and Public Property Falls in North Dakota
- Pedestrian Accident Claims in North Dakota
- Bicycle Accident Claims in North Dakota
- Uber and Lyft Accident Claims in North Dakota
- Truck Accident Claims in North Dakota
- Construction Site Injuries in North Dakota
- All North Dakota personal injury & wrongful death rules
FAQ
Do you have to wear a motorcycle helmet in North Dakota?
Riders under 18 must wear a helmet that meets U.S. Department of Transportation standards, whether operating or riding as a passenger (except in a lawful parade). If the operator is required to wear a helmet, every passenger must also wear one regardless of age. Adults 18 and older are not required to wear a helmet. The motorcycle chapter does not say whether not wearing a helmet can reduce damages in an injury lawsuit.
Is lane splitting legal in North Dakota?
Banned. No person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not pass in the same lane occupied by the vehicle being passed. Police officers on duty are exempt. Motorcycles may ride no more than two abreast in a single lane.
Can you recover damages if you were partly at fault in North Dakota?
Modified comparative fault. An injured person's own fault does not bar recovery unless it was as great as the combined fault of all other persons who contributed to the injury (so 50% or more bars recovery); otherwise, damages are reduced by the person's percentage of fault. Liability among multiple defendants is generally several only (each pays its own share), except for persons who act in concert.
What is the minimum car insurance required in North Dakota?
North Dakota is a no-fault state. Owners must carry basic no-fault (personal injury protection) benefits of up to $30,000 per person for economic loss, plus liability insurance of at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage. An injured person can sue an insured driver for noneconomic loss (such as pain and suffering) only for a "serious injury," which includes death, serious permanent disfigurement, disability beyond 60 days, or medical expenses over $2,500.
What is the statute of limitations for personal injury in North Dakota?
Most personal injury lawsuits based on negligence must be filed within six years after the claim arises, under the catch-all for "any other injury to the person or rights of another not arising upon contract." Shorter deadlines apply to some claims: two years for assault, battery, false imprisonment, libel and slander.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.