Blinding snow squalls, black ice and 40-mph gusts are part of life on the Red River, but “act of God” defenses rarely erase liability. North Dakota courts still ask whether each driver responded sensibly to the conditions. Sudden whiteouts can trigger chain reactions, yet the focus remains on human choices.
Duty of reasonable care under the Century Code
Section 32-03.2 of the North Dakota Century Code imposes a broad duty of care. In winter, that means slowing below the posted limit, switching to headlights at dawn and clearing frost from every window. The state’s own DOT winter-driving tips echo these basics. Failing to adapt, like tailgating on I-94 when wind chills hit –20°F, can satisfy negligence.
Comparative fault in a blowing snow pileup
North Dakota follows modified comparative fault: recovery drops by a driver’s percentage of blame and disappears at 50 percent. Investigators look at speed data, dash cams, tire tread depth and even text records. A motorist who skids through a stop may still collect damages if another driver was texting, but any payout shrinks by the skidding driver’s share of fault.
Road maintenance and third-party exposure
Liability can extend beyond vehicles. Cities that delay plowing or fail to spread salt at known trouble spots may face claims, provided plaintiffs clear the notice-of-claim hurdle. When black ice forms on an unplowed bridge, injured drivers may target both the at-fault motorist and the public agency.
Key takeaways for Fargo drivers
Adapt speed and spacing. Judges weigh a driver’s actions in light of the conditions on the road, rather than the number on the speed-limit sign. Document everything. Photos of road grime, plow schedules and weather alerts help to apportion fault. Know the 50% bar. If you bear more blame than the other parties combined, compensation vanishes. Harsh conditions may create the risk, yet liability turns on the choices motorists make behind the wheel.