North Dakota Motorcycle Accident Lawyer

Can I recover if I was not wearing a helmet in North Dakota?

Yes. North Dakota requires helmets only for riders under 18, so an adult rider who chooses not to wear one has not broken the law. The other side may still argue that a helmet would have reduced a head injury.

Even when that argument is raised, it targets the head injury, not your broken bones, road rash or lost wages. And it does not change who caused the crash. A driver who turns left into your path is still responsible for the collision. Our team uses medical evidence to separate injuries a helmet could not have prevented from those the defense wants to argue about.

Where do North Dakota riders get hurt?

Many crashes happen on scenic two-lane roads and on routes carrying rally traffic. The short riding season puts many riders on the road at once.

• The scenic drives through Theodore Roosevelt National Park and the Badlands near Medora
• The Enchanted Highway and other rural routes in the southwest
• US-85 and I-94, which carry riders heading to and from the large summer rally in neighboring South Dakota
• Lake Sakakawea and Devils Lake routes with tourist traffic
• Fargo, Bismarck and Grand Forks streets, where left turns and lane changes cause many crashes

Riders here also face crosswinds on open prairie, loose gravel at field approaches, deer and other wildlife, and slow farm equipment.

Because the season is so short, many riders are back on the road each spring after months away, while drivers have spent all winter forgetting to look for motorcycles. Early-season sand and gravel left from winter road treatment, frost heaves and fresh potholes add to the risk. Late in the season, harvest traffic and earlier sunsets bring their own hazards.

How does the 50% bar affect a motorcycle claim?

Your award is reduced by your share of fault, and if you are found 50% or more at fault, you recover nothing. That makes evidence about your riding just as important as evidence about the other driver.

Here is an example. A pickup pulls out from a gravel approach onto a highway near Dickinson and hits a rider. The rider's damages total $350,000. The defense argues the rider was going 10 miles over the limit. If the jury finds the rider 20% at fault, the rider recovers $280,000. If the jury splits fault evenly, the rider recovers nothing. Sight-line photos, skid marks, damage patterns and witness accounts can keep the rider's share where it belongs.

Why do drivers so often blame the rider?

Many drivers say they never saw the motorcycle. That is not a defense. Drivers must look for all traffic, including motorcycles.

Insurers also rely on assumptions about speed and risk-taking. We replace those assumptions with facts:

• Helmet camera or dashcam footage
• Testimony from other riders in your group
• Crash data from the other vehicle
• Measurements of the road and the driver's view
• Your riding experience and safety training

What insurance covers a motorcycle crash in North Dakota?

The at-fault driver's liability coverage is usually the main source of recovery. How no-fault benefits apply to a rider depends on the policies involved, so we review your motorcycle policy and any household auto policies at the start.

Uninsured and underinsured motorist coverage can be critical, because serious motorcycle injuries often exceed minimum liability limits. Medical payments coverage on a motorcycle policy, if you have it, can help with early bills. A passenger may claim against the other driver and, if the rider was careless, the rider's policy.

What should a rider do after a crash?

Get medical care right away, even if you feel fine, and protect the evidence.

1. Keep your helmet, jacket and gear as they are.
2. Photograph the bike, the other vehicle and the road, including gravel or debris.
3. Get names of riding partners and witnesses.
4. Save camera footage right away.
5. Avoid posting about the crash online.

North Dakota allows 6 years to file most motorcycle injury lawsuits, but a fatal crash claim generally has 2 years. Our North Dakota overview explains the state's general rules, and our North Dakota car accident page covers the no-fault system in more detail. Learn more about motorcycle accident claims. We offer a free case review and charge no fee unless we win.