Pedestrian Accident Claims in North Dakota

Where traffic signals are not in place or not working, drivers must yield (slowing or stopping if needed) to a pedestrian in a crosswalk who is on the driver's half of the road or approaching so closely from the other half as to be in danger. A pedestrian may not suddenly leave a curb into the path of a vehicle too close to stop. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles, and between adjacent intersections with working traffic signals pedestrians may cross only in a marked crosswalk. Drivers must still use due care to avoid hitting any pedestrian, and must yield to pedestrians on a sidewalk.

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.

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.

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.