Car accidents in North Dakota can be caused by the negligence of one or more parties. To recover damages after a motor vehicle accident, you may have to prove that another driver’s negligence resulted in your accident.
Generally, driver negligence involves the breach of the driver’s duty to operate their vehicle safely. Failure to stop at a stop sign, driving under the influence of alcohol or drugs, or texting and driving are all common forms of driver negligence.
In addition to establishing a breach of duty, you will have to establish that the driver’s negligence was the actual and proximate cause of the accident and any resulting injuries.
Can you recover damages if you were partially at fault?
In some states, you would be able to recover damages after an accident even if you were the main party responsible for the accident. However, under North Dakota’s modified comparative fault rule, you must be 50% or less at fault for the accident to be able to recover damages. In other words, parties who are 51% or more at fault will not be able to recover compensation.
The court hears the evidence and then assigns a percentage of fault to each party. The injured party will then receive a percentage of the compensation awarded to them based on the percentage of fault attributed to them. For example, a driver found to be 30% at fault will only recover $70,000 of their $100,000 in total damages.
If there are several parties potentially responsible for an accident, police reports, witness and expert testimony, and other evidence can help establish the percentage of fault for each party.