North Dakota Truck Accident Lawyer

What makes North Dakota truck crashes different?

Two industries, oil and agriculture, put heavy trucks on roads that were often built for much lighter traffic. Add long winters and long distances, and crashes tend to be severe.

In the Bakken region, water haulers, crude tankers, sand trucks and equipment rigs travel US-2, US-85 and ND-22 around Williston, Watford City and Dickinson. Two-lane stretches invite risky passing, and many well-site entrances lack turn lanes or lighting. In the east, grain trucks and beet trucks crowd the roads of the Red River Valley during harvest, often running long hours to beat the weather. Interstate 94 and I-29 carry long-haul freight, and I-29 connects to Canada at the border.

Who can be responsible for a truck crash in North Dakota?

Often more than the driver. The companies that hired, loaded, dispatched or maintained the truck can share fault.

• The motor carrier and its safety managers
• An oil and gas operator or contractor that set unsafe schedules or controlled the work
• A freight broker that chose an unsafe carrier
• A farm or cooperative that hired a local hauler
• A maintenance shop that skipped brake or tire work
• A manufacturer of a defective part, through a product liability claim

If the injured person was working on a well site, workers' compensation through the state fund usually covers the claim against their own employer, but other companies remain open to a lawsuit.

What evidence proves a trucking company broke the rules?

Federal safety rules limit driving hours and require inspections, maintenance and drug and alcohol testing for interstate trucks. Many trucks that operate only inside North Dakota follow state rules based on the federal ones, with some exceptions, including some for agricultural hauling.

The strongest evidence often comes from the truck itself. Electronic logging devices track driving time. The engine control module records speed, braking and throttle before a crash. Dispatch messages, fuel receipts and GPS data can show a driver was pushed past legal limits. Oilfield trucking contracts and load tickets can show who controlled the schedule. Much of this data can be lost in weeks, so we send preservation letters right away.

How does the 50% fault bar affect a truck crash claim?

Your recovery is reduced by your share of fault, and if you are found 50% or more at fault, you recover nothing. Trucking companies often try to push the victim's share toward that line.

Here is an example. A water hauler pulls out of a well-site entrance on US-85 into the path of a pickup. The pickup driver's damages total $800,000. The carrier argues the pickup was speeding on a wet road. If the jury finds the pickup driver 25% at fault and the carrier and operator 75% at fault, the pickup driver recovers $600,000. If the jury split fault evenly, the pickup driver would recover nothing. Engine data, sight-line measurements and testimony about the missing turn lane can keep the victim's share low.

How does no-fault insurance apply in a truck crash?

Your own personal injury protection pays basic medical bills and lost income first, just as it would in a car crash. You can then claim against the trucking company once your injury meets the state threshold.

Most serious truck crash injuries, such as fractures, spinal injuries and brain injuries, easily meet that threshold. Keep using your PIP benefits for treatment while the liability claim is built, and keep careful records of every payment, because the final settlement must account for them. The bigger issues are fault and the value of future losses. Our catastrophic injuries page explains how long-term care and lost earning ability are documented.

What should I do after a truck crash in North Dakota?

Get medical care, then focus on evidence that the trucking company controls.

1. Photograph the truck, trailer, company name and USDOT number.
2. Note the location, including any well-site entrance or field approach nearby.
3. Open your no-fault claim with your own insurer.
4. Do not give a statement to the trucking company's insurer.
5. Call us so we can send preservation letters.

Most truck crash injury lawsuits in North Dakota can be filed within 6 years, but wrongful death claims generally have 2 years. Our North Dakota wrongful death page explains a family's options, and our North Dakota overview covers the state's general rules. We offer a free case review and charge no fee unless we win.