Truck Accident Claims in North Dakota

North Dakota adopts by reference the federal motor carrier safety regulations, including driver qualifications, hours of service, inspection, repair and maintenance, and the federal minimum financial responsibility rules (49 CFR part 387), and they bind all motor carriers operating in the state. Intrastate vehicles of 26,000 pounds or less are exempt unless they haul placarded hazardous materials or carry passengers above set numbers. State law sets separate intrastate hours-of-service limits (no more than 12 cumulative hours of driving after 10 hours off duty, no driving after the 16th hour on duty, and no driving after 70 hours on duty in 7 days), with exemptions such as certain farm hauling within a 150-air-mile radius. Federal minimum insurance for interstate carriers is in 49 CFR 387.9.

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.

The general damages chapter for injury and wrongful death cases requires separate findings for economic and noneconomic damages but sets no general cap on them. Separate caps apply in medical malpractice cases, to punitive damages, and to claims against the state and local governments.

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.