North Dakota Truck Accident Lawyer - find an attorney for North Dakota semi truck accident cases.
NORTH DAKOTA TRUCKING LAW
See below for North Dakota Trucking Law.
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RESEARCH: Attorney Jason Waechter has developed expertise in litigating serious injury and death accidents involving North Dakota tractor trailers (semi trucks) and other commercial vehicles. We have extensively researched, worked with, and associated with the finest trucking injury attorneys across the country, in North Dakota and in every state nationwide. Our network of specializing attorneys has a proven winning record in North Dakota.
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NATIONAL TRUCKING LAW
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The following law may apply to a North Dakota tractor trailer, or semi truck, accident or other commercial vehicle accident. The Federal Motor Carrier Safety Regulations (FMCSR) are the rules that govern semi trucks on our highways, and have been adopted by the state of North Dakota. They include rules drivers, their employers, and owners of trucks must follow.
The Federal Motor Carrier Safety Regulations that most certainly apply to any injury or death involving the negligence of a truck driver or a driver of a tractor trailer (semi trucks) or perhaps other commercial vehicles can be found at: www.fmcsa.dot.gov. The federal law in its entirety can be found in Title 49 of the Federal Code.
NORTH DAKOTA TRUCKING LAW
North Dakota tractor trailer, or semi truck accident law may be a little different than the federal law. Some of the highlights are listed below.
1. North Dakota Trucking Law that governs North Dakota semi truck accidents can be found at the following links:
North Dakota Semi Truck Laws
2. NORTH DAKOTA SEMI TRUCK DRIVER QUALIFICATIONS:
Both Federal and North Dakota state safety regulations require that North Dakota drivers of semi trucks (tractor trailers) meet certain qualifications. Each North Dakota driver employed by a motor carrier (the trucking company) is required to have a “driver qualification file”. This file includes the driver’s application for employment, an inquiry to previous employers for the past three years employment history, an inquiry to state agencies for the past three years for a driving record, an inquiry to state agencies annually for driving records, an annual account of the driver’s certification of violations, a certificate or equivalent for the driver’s road test, and a medical examiner’s certificate which must be renewed every two years. Other requirements that must be met include:
a. Age:
i. Interstate Travel: (traveling within 2 or more states). The required age of a North Dakota tractor trailer (semi truck) driver is at least 21 years old. (49 CFR § 391.11(b)(1))
ii. Intrastate Travel: (within a single state). The required age of a North Dakota driver is at least 18 years old. (N.D. Cent. Code, § 39-06-14)
iii. Intrastate Exception: A class A, B, or C type license specially restricted to use for custom harvest purposes must be issued to a person at least sixteen years of age who satisfactorily completes the appropriate examinations. (N.D. Cent. Code, § 39-06-14)
b. Language:
i. English: North Dakota semi truck drivers must be able to speak, understand, and converse in the English language.
ii. North Dakota tractor trailer (semi truck) drivers must understand traffic signs.
iii. North Dakota semi truck drivers must be able to make records and reports in English. (49 CFR 391.11(b)(2))
c. Operation of North Dakota Motor Carrier (Employer):
i. Experience or training qualifies North Dakota tractor trailer (semi truck) drivers to safely operate A North Dakota semi truck (tractor trailer) or North Dakota commercial vehicle. (49 CFR § 391.13)
ii. North Dakota semi truck drivers must have the physical capability to operate motor carrier. (49 CFR § 391.41)
1. Notwithstanding the adoption by the superintendent of the state highway patrol of federal motor carrier safety regulations pursuant to subsection 3 of section 39-21-46, the provisions of 49 CFR 391.41(b)(1)-(11) do not apply to a person who is qualified through a state medical waiver program to operate a commercial motor vehicle within the boundaries of this state or a person who:
a. Is otherwise qualified to operate a commercial motor vehicle and who possesses, on March 26, 1991, a class 1 license issued pursuant to section 39-06-14, as that section existed on June 30, 1989, or a class A license issued pursuant to chapter 39-06.2;
b. Operates a commercial motor vehicle only within the boundaries of this state; and
c. Has a medical or physical condition that:
i. Would prevent such person from operating a commercial motor vehicle under federal motor carrier safety regulations contained in 49 CFR, chapter III, subchapter B;
ii. Existed on March 26, 1991, or at the time of the first required physical examination after that date; and
iii. An examining physician has determined has not substantially worsened since March 26, 1991, or the time of the first required physical examination after that date. (N.D. Cent. Code, § 39-08-21)
iii. North Dakota tractor trailer (semi truck) drivers are required to reduce speed and to take into consideration bad weather conditions. A North Dakota semi truck driver must reduce speeds for snow, ice, fog, rain, smoke, dust, or other conditions that affect visibility or traction adversely. Certain conditions make it a requirement for the North Dakota driver to stop their vehicle all together. (49 CFR § 392.14)
d. Valid North Dakota License:
i. North Dakota semi truck drivers must possess a currently valid C.D.L. (Commercial Driver’s License)
ii. The valid C.D.L. is issued by North Dakota (49 CFR § 383.23(a)(2))
iii. The semi truck driver has successfully completed North Dakota road test (49 CFR § 383.23(a))
e. North Dakota Certifications:
i. Has any and all certifications required by North Dakota employer / North Dakota motor carrier (49 CFR § 391.27(c))
ii. Is not disqualified to operate a North Dakota semi truck / North Dakota motor carrier (49 CFR § 391.15)
f. Intrastate Exceptions: Intrastate commercial motor vehicles with a gross vehicle weight of twenty-six thousand pounds or less are exempt from all federal motor carrier safety regulations. However, vehicles with a gross vehicle weight of twenty-six thousand pounds or less are not exempt from the federal motor carrier regulations or hazardous materials regulations if the vehicle is used to transport hazardous materials requiring a placard or if the vehicle is designed to transport more than fifteen passengers, including the driver. (N.D. Admin. Code 38-04-01-02)
g. North Dakota Driver Responsibility:
i. Hours of Service
i. The following intrastate drivers are not subject to hours of service limitations:
a. A driver of an authorized emergency vehicle.
b. A driver who operates a motor vehicle that has a manufacturer's gross vehicle weight rating equal to or less than twenty-six thousand pounds [11793.40 kilograms] and that is not transporting hazardous materials.
c. A driver of a tow truck operating at the request of a law enforcement officer. (N.D. Cent. Code, § 39-32-02)
ii. Except for a driver included in subsection i., a motor carrier may not permit or require any intrastate driver to drive and an intrastate driver may not drive:
a. More than twelve hours following eight consecutive hours off duty.
b. For any period after having been on duty more than fifteen hours.
c. After having been on duty for seventy hours in any period of seven consecutive days. (N.D. Cent. Code, § 39-32-02)
iii. Hours of service limitations do not apply to an intrastate driver when transporting property or passengers during a declared emergency. The employer must declare and document that the emergency is necessary to assure the protection of public health and safety or to provide other essential assistance to the public. An employer shall maintain documentation for one year and shall make it available upon request of a law enforcement officer. Under this subsection, an emergency is the result of any natural activities, including a tornado, windstorm, thunderstorm, snowstorm, ice storm, blizzard, drought, mudslide, flood, high water, earthquake, forest fire, explosion, blackout, or other occurrence, natural or manmade, which interrupts delivery of essential services, such as electricity, medical care, sewer, water, telecommunications transmissions, or essential supplies, such as food and fuels, or otherwise threatens human life or public welfare. (N.D. Cent. Code, § 39-32-02)
iv. Federal regulations and the provisions of chapter 39-32 governing maximum driving and on-duty time do not apply to a driver transporting agricultural commodities or farm supplies, including farm equipment and machinery, for agricultural purposes in this state during planting and harvesting seasons from January first through December thirty-first, if the transportation is limited to an area within a one hundred air-mile radius from the source of the commodities or the distribution point for the farm supplies. (N.D. Cent. Code, § 39-06.2-17)
v. The reason for these hour restrictions is to prevent driver fatigue. It has been a proven fact that driver fatigue often is a cause of interstate trucking accidents. The trucking carrier and the driver are both responsible for this type of Hours-of-Service (HOS) violation.
h. Truck Driver Logs
i. A North Dakota tractor trailer (semi truck) driver is required to keep certain specific logs to prove that he or she has not violated these Hours-of-Service rules. The North Dakota employer or motor carrier is required to inspect the drivers’ logs to confirm compliance with these regulations. (49 CFR § 395.8)
ii. Driver Logs: 49 CFR § 395.8 involve A North Dakota tractor trailer (semi truck) driver making a record of his duty status. A North Dakota driver must keep a log of his or her status for every 24 hour period. Pursuant to Section 395.8 of the Federal Motor Carrier Safety Regulations, the log is usually in written form and on a grid.
iii. An intrastate driver is exempt from maintaining a record of duty status if:
1. The driver operates within a one hundred fifty air-mile radius from the driver's normal work-reporting location or from the official worksite of the vehicle;
2. At least eight consecutive hours off duty separate each twelve hours on duty;
3. The driver, except for a driver salesperson, returns to the work-reporting location and is released from work within twelve consecutive hours; and
4. The motor carrier maintains and retains for a period of six months accurate time records showing the time the driver reports for duty and is released from duty each day. (N.D. Cent. Code, § 39-32-02)
iv. Because of technology, the North Dakota semi truck driver log is often kept by an on-board recording device. The log indicates when the North Dakota driver is on and off duty and whether they are driving or in the “sleeper birth”, which is usually designated as “SB”. The North Dakota motor carrier is responsible if the tractor trailer (semi truck) driver submits a false log. (49 CFR § 395.15)
1. There are sometimes investigations regarding whether a North Dakota driver keeps two sets of logs or books, so that he or she could drive longer than they are allowed to drive by North Dakota law.
v. The following is an example of an Hours-of-Service truck driver log with no driving violations recorded:
vi. A North Dakota motor carrier (the trucking company) is responsible and required to fashion or schedule their North Dakota truck driver’s runs and routes in a way that would allow North Dakota drivers to complete them without violating any speed limits or Hours-of-Service violations.
vii. North Dakota tractor trailer (semi truck) drivers must follow posted speed limits. Trucks, often times, must follow a lower speed limit that drivers of cars.
i. Alcohol and Controlled Substances
i. Alcohol and drivers of North Dakota tractor trailers (semi trucks): A trucker cannot have any alcohol in his or her system at all while driving a tractor trailer (semi truck). This, of course, includes driving, but also when North Dakota drivers are merely “on duty”, which would include even if they were not driving, but where they are in physical control of the truck. (49 CFR § 382.201)
ii. Alcohol is not tolerated whatsoever, which is different from drivers of cars, certain vans, and motorcycles that have alcohol in their system up to certain limits, and still may be able to legally drive. The rules involving North Dakota truck drivers are extremely strict. (49 CFR § 382.205)
iii. No driver shall report for duty or remain on duty when it requires the performance of safety functions, when the driver has used any controlled substance. (49 CFR § 382.213)
j. Truck Equipment & Repair
i. A driver of A North Dakota tractor trailer (semi truck) must make sure that his or her truck (trailer, or cab) and its equipment are in good working order at all times. (49 CFR § 396.3(a)(1))
ii. This section of the Federal Motor Carrier Safety Regulations includes brakes to the tractor, brakes to the trailer, parking brakes, steering devices, lighting devices, tires, horn, windshield wipers, rear vision mirrors, and coupling devices (a coupling device is analog shift register, that transports analog signals or electric charges).
1. STUDIES SHOW THAT BRAKE FAILURE/DEFECTS ARE A MAJOR CAUSE IN A HIGH PERCENTAGE OF CRASHES: The National Highway Traffic Safety Administration (NHTSA) found that in 2004 there were over 400,000 big trucks that were involved in traffic crashes in the U.S. This study found that 5,190 people died and 116,000 were injured in those crashes. In 2004, one out of eight traffic fatalities in were a result from a collision involving a large truck.
2. It is important for regulations to be followed so that violations do not result in a North Dakota semi truck accident. Many violations exist and will result in an accident if not inspected regularly.
iii. Brakes Required:
1. Every motor vehicle, other than a motorcycle or motor-driven cycle, when operated upon a highway must be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means must be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they must be so constructed that failure of any one part of the operating mechanism does not leave the motor vehicle without brakes on at least two wheels.
2. Every farm tractor, motorcycle, and motor-driven cycle, when operated upon a highway, must be equipped with at least one brake, which may be operated by hand or foot.
3. Every trailer or semitrailer when operated upon a highway at a speed in excess of twenty-five miles [40.23 kilometers] per hour must be equipped with safety chains or brakes adequate to control the movement of and to stop and to hold such vehicle and so designed as to be applied by the driver of the towing motor vehicle from its cab, and said brakes must be so designed and connected that in case of an accidental breakaway of the towed vehicle the brakes are automatically applied.
4. One of the means of brake operation must be parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice, or loose material. The parking brakes must be capable of being applied in conformance with the foregoing requirements by the driver's muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power provided that failure of the service brake actuation system or other power-assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes must be so designed that when once applied they remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brakedrums, brakeshoes and lining assemblies, brakeshoe anchors, and mechanical brakeshoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. (N.D. Cent. Code, § 39-21-32)
iv. Restrictions on Tires:
1. Every solid rubber tire on a vehicle must have rubber on its entire traction surface at least one inch [2.54 centimeters] thick above the edge of the flange of the entire periphery.
2. No person may operate or move on any highway any motor vehicle, trailer, or semitrailer having any metal tire in contact with the roadway.
3. No tire on a vehicle moved on a highway may have on its periphery any block, stud, flange, cleat, or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it is permissible to use farm machinery with tires having protuberances which will not injure the highway, and except also that it is permissible to use tire chains of reasonable proportions. It is also permissible to use, from October fifteenth to April fifteenth, pneumatic tires which have metal studs which do not project more than one-sixteenth of an inch [1.59 millimeters] beyond the tread of the traction surface of the tire, except that it is permissible to use such tires on schoolbuses at any time during the year. (N.D. Cent. Code, § 39-21-40)
v. Width, height, and length limitations on vehicles -- Exceptions.
1. Vehicles operated on a highway in this state may not exceed a total outside width, including load thereon, of eight feet six inches [2.59 meters]. This limitation does not apply to:
a. Construction and building contractors' equipment and vehicles used to move such equipment which does not exceed ten feet [3.05 meters] in width when being moved by contractors or resident carriers.
b. Implements of husbandry being moved by resident farmers, ranchers, governmental entities, dealers, or manufacturers between sunrise and sunset. Furthermore, the limitation does not apply to implements of husbandry being moved between sunset and sunrise by resident farmers, ranchers, governmental entities, dealers, or manufacturers on public state, county, or township highway systems other than interstate highway systems.
c. Hay in the stack or bale being moved along the extreme right edge of a roadway between sunrise and sunset by someone other than a commercial mover.
d. Commercial movement of haystacks or hay bales with vehicles designed specifically for hauling hay, commercial movement of self-propelled fertilizer spreaders and self-propelled agricultural chemical applicators, whether operating under their own power or being transported by another vehicle, commercial movement of portable grain cleaners, commercial movement of forage harvesters, and the commercial movement of hay grinders, which may be moved on the highway after obtaining a seasonal permit issued by the highway patrol. The highway patrol shall issue seasonal permits that are valid during daylight hours on any day of the week, or that are valid at all times for the movement of self-propelled fertilizer spreaders and self-propelled agricultural chemical applicators, to any commercial entity otherwise qualified under this subdivision. Self-propelled fertilizer spreaders and self-propelled agricultural chemical applicators operating under their own power between sunset and sunrise must display vehicle hazard warning signal lamps as described in subsection 3 of section 39-21-19.1. The seasonal permit is in lieu of registration requirements for the permit period. No seasonal permit may be issued, unless proof of financial responsibility in a minimum of three hundred thousand dollars is filed and the appropriate permit fee is paid. The seasonal permit may also be issued for hauling hay bales with vehicles or vehicle combinations other than those designed specifically for hauling haystacks. This seasonal permit, however, will not be in lieu of registration requirements. All permit fees must be deposited in the state highway distribution fund.
e. Safety devices that the highway patrol determines are necessary for the safe and efficient operation of motor vehicles may not be included in the calculation of width.
f. Any nonload carrying safety appurtenance as determined by the highway patrol which extends no more than three inches [7.62 centimeters] from each side of a trailer is excluded from the measurement of trailer width. The width of a trailer is measured across the sidemost load-carrying structures, support members, and structural fasteners.
g. The highway patrol may adopt reasonable rules for those vehicles exempted from the width limitations as provided for in this subsection.
2. Vehicles operated on a highway in this state may not exceed a height of fourteen feet [4.27 meters], whether loaded or unloaded. This height limitation does not affect any present structure such as bridges and underpasses that are not fourteen feet [4.27 meters] in height. This limitation does not apply to vehicles that are at most fifteen feet six inches [4.72 meters] high when all of the following apply:
a. The vehicle is an implement of husbandry and is being moved by a resident farmer, rancher, dealer, or manufacturer.
b. The trip is at most sixty miles [96.56 kilometers].
c. The trip is between sunrise and sunset.
d. None of the trip is on an interstate highway.
3. A vehicle operated on a highway in this state may not exceed the following length limitations:
a. A single unit vehicle with two or more axles including the load thereon may not exceed a length of fifty feet [15.24 meters].
b. A combination of two units including the load thereon may not exceed a length of seventy-five feet [22.86 meters].
c. A combination of three or four units including the load thereon may not exceed a length of seventy-five feet [22.86 meters], subject to any rules adopted by the director that are consistent with public highway safety. The rules do not apply to a three-unit combination consisting of a truck tractor and semitrailer drawing a trailer or semitrailer.
d. A combination of two, three, or four units including the load thereon may be operated on all four-lane divided highways and those highways in the state designated by the director and local authorities as to the highways under their respective jurisdictions and may not exceed a length of one hundred ten feet [33.53 meters], subject to any rules adopted by the director that are consistent with public highway safety.
e. The length of a trailer or semitrailer, including the load thereon, may not exceed fifty-three feet [16.5 meters] except that trailers and semitrailers titled and registered in North Dakota before July 1, 1987, and towed vehicles may not exceed a length of sixty feet [18.29 meters].
4. Length limitations do not apply to:
a. Building moving equipment.
b. Emergency tow trucks towing disabled lawful combinations of vehicles to a nearby repair facility.
c. Vehicles and equipment owned and operated by the armed forces of the United States or the national guard of this state.
d. Structural material of telephone, power, and telegraph companies.
e. Truck-mounted haystack moving equipment, provided the equipment does not exceed a length of fifty-six feet [17.07 meters].
f. A truck tractor and semitrailer or truck tractor, semitrailer, and the trailer when operated on the interstate highway system or parts of the federal aid primary system as designated by the director, only when federal law requires the exemption.
g. Safety and energy conservation devices and any additional length exclusive devices as determined by the highway patrol for the safe and efficient operation of commercial motor vehicles. Length exclusive devices are appurtenances at the front or rear of a commercial motor vehicle semitrailer or trailer, whose function is related to the safe and efficient operation of the semitrailer or trailer.
5. Motor homes, house cars, travel trailers, fifth-wheel travel trailers, camping trailers, and truck campers may exceed eight feet six inches [2.59 meters] in width if the excess is attributable to an appurtenance that extends beyond the body of the vehicle no more than six inches [15.24 centimeters] on either side of the vehicle. For purposes of this subsection, the term appurtenance includes a shade awning and its support hardware, and any appendage that is intended to be an integral part of a motor home, house car, travel trailer, fifth-wheel travel trailer, camping trailer, or truck camper. (N.D. Cent. Code, § 39-12-04)
vi. The North Dakota tractor trailer (semi truck) driver is responsible to make sure even their emergency medical equipment is in working order and legal at all times. The truck driver has a duty to inspect it and use it. (49 CFR § 393.95)
vii. A North Dakota semi truck driver must make sure that emergency equipment is in place and ready to be used at any time. (49 CFR § 393.95)
k. Disqualifications of Driver:
i. North Dakota motor carriers, or employers or semi truck drivers, do not have the authority to disqualify a semi truck driver. Disqualifying offenses are listed in the Federal Motor Carrier Safety Regulations. (49 CFR § 391.15)
ii. Some disqualifying offenses of North Dakota semi truck drivers include (but are not limited to):
1. Driving with a revoked or suspended license
2. Driving while under the influence of alcohol or drugs
3. Leaving an accident scene that involves a commercial motor vehicle (semi truck)
4. Committing a felony with the use of a commercial motor vehicle (semi truck)
5. Speeding, or Reckless Driving
6. Improper and/or erratic traffic lane changes
7. Following another vehicle too closely when driving the semi truck
8. Railroad crossing violations when driving the semi truck
l. Law: 49 C.F.R. (Click the following link to be taken to the law in its entirety: Title 49 Law)
3. The National Network (or National Truck Network) is a network of approved state highways and interstates for semi truck (tractor trailer) drivers in the United States. The following Routes are acceptable for North Dakota semi truck drivers:
US 2 MT State Line MN State Line Grand Forks. US 10 I-94 W. Fargo MN State Line. US 12 MT State Line Marmarth SD State Line. US 52 I-94 Jamestown Canadian Border. US 81 I-29 Manvel I-29 Joliette. US 83 SD State Line Canadian Border West-hope. US 85 SD State Line Canadian Border Fortuna. US 281 SD State Line Ellendale Canadian Border. ND 1 ND 11 Ludden ND 13 S. Jct. ND 5 MT State Line US 85 Fortuna. ND 11 US 281 Ellendale ND 1 Ludden. ND 13 ND 1 S. Jct MN State Line. ND 32 W Junction of ND Hwy 13 I-94 ND 68 MT State Line US 85 Alexander. ND 200 MT State Line US 85 Alexander.
4. FALLEN CARGO: Many North Dakota semi truck accidents occur because cargo has fallen from the North Dakota truck’s trailer and injured another North Dakota motorist. Often when North Dakota semi truck accidents occur because of fallen cargo it is a result of the North Dakota driver not securing the cargo properly. There are certain rules that North Dakota semi truck drivers must follow when securing cargo.
5. LAW: North Dakota adopts “The Federal Motor Carrier Safety Regulations”, which is Title 49 of the Federal Code, with some modifications for the state of North Dakota.
6. NORTH DAKOTA IS A NO-FAULT STATE.
i. North Dakota is a no-fault state: This means benefits for economic loss resulting from accidental bodily injury. The maximum amount of basic no-fault benefits payable for all economic loss incurred and resulting from accidental bodily injury to any one person as the result of any one accident may not exceed thirty thousand dollars, regardless of the number of persons entitled to the benefits or the number of basic no-fault insurers obligated to pay the benefits. Basic no-fault benefits payable may not exceed one hundred fifty dollars per week per person prorated for any lesser period for work loss or survivors' income loss, or three thousand five hundred dollars for funeral, cremation, and burial expenses. (N.D. Cent. Code, § 26.1-41-01)
1. "Economic loss" means medical expenses, rehabilitation expenses, work loss, replacement services loss, survivors' income loss, survivors' replacement services loss, and funeral, cremation, and burial expenses.
ii. North Dakota No-Fault Benefits (benefits combined may not exceed $30,000):
1. "Medical expenses" means usual and customary charges incurred for reasonable and necessary medical, surgical, diagnostic, x-ray, dental, prosthetic, ambulance, hospital, or professional nursing services or services for remedial treatment and care. Usual and customary charges do not include:
a. The portion of the charge for a room in any hospital, clinic, convalescent or nursing home, extended care facility, or any similar facility in excess of the reasonable and customary charge for semiprivate accommodations unless intensive care is medically needed.
b. Charges
c. Charges for experimental treatments.
d. Charges for medically unproven treatments.
2. "Rehabilitation expense" means the cost of a procedure or treatment for rehabilitation or a course of rehabilitation occupational training if the procedure, treatment, or training is reasonable and appropriate for the particular case, its cost is reasonable in relation to its probable rehabilitative effects, and it is likely to contribute substantially to medical or occupational rehabilitation.
3. "Work loss" means eighty-five percent of loss of income from work an injured person who would normally be employed in gainful activity during the period of disability would have performed had the person not been injured, reduced by any income from substitute work actually performed by the injured person or by income the injured person would have earned in available appropriate substitute work that the injured person was capable of performing but unreasonably failed to undertake. Work loss does not include any loss after death of an injured person.
4. "Replacement services loss" means expenses not exceeding fifteen dollars per day in obtaining ordinary and necessary services from others not members of the injured person's household in lieu of those that the injured person would have performed had the injured person not been injured, not for income but for the benefit of the injured person or the injured person's household. Replacement services loss does not include any loss after the death of an injured person.
5. "Survivors' income loss" means loss sustained after an injured person's death by dependant survivors during their dependency and consisting of the loss of the contributions they would have received for their support from the decedent out of income from work the decedent would normally have performed had the decedent not died.
6. "Survivors' replacement services loss" means expenses, not to exceed fifteen dollars per day after the injured person's death, by dependent survivors in obtaining ordinary and necessary services from others not members of the decedent's household in lieu of the services the decedent would have performed not for income but for the benefit of the decedent's household.
7. Funeral Expenses (Funeral, cremation, and burial expenses.)
iii. Threshold Injury: To recover non-economic damages under North Dakota law for your pain & suffering as a result of your North Dakota motorcycle accident, a threshold injury must be met. "Noneconomic loss" means pain, suffering, inconvenience, and other nonpecuniary damage recoverable under the tort law of this state.
1. Death
2. Dismemberment
3. Permanent or serious disfigurement
4. Disability beyond 60 days
5. Medical expenses in excuse of $2,500
6. Permanent scar
iv. Statute of Limitations:
1. If you wish to commence a suit to recover damages for injuries resulting from your North Dakota semi truck crash, you must do so within a certain amount of time from when your North Dakota semi truck accident occurred. Please see the following statute.
26.1-41-19. Limitation of actions.
1. If no basic or optional excess no-fault benefits have been paid for loss, an action for the benefits may be commenced not later than two years after the injured person suffers the loss and either knows, or in the exercise of reasonable diligence should know, that the loss was caused by the accident, or not later than four years after the accident, whichever is earlier. If basic or optional excess no-fault benefits have been paid for loss, an action for recovery of further benefits for the loss by either the same or another claimant may be commenced not later than four years after the last payment of benefits.
2. If no basic or optional excess no-fault benefits have been paid to the decedent or dependent survivors, an action for benefits for survivors' income loss and replacement services loss and funeral and burial expenses may be commenced not later than two years after the death or six years after the accident from which death results, whichever is earlier. If survivors' income loss and replacement services loss benefits have been paid to any dependent survivor, an action for recovery of further survivors' income loss or replacement services loss benefits by either the same or another claimant may be commenced not later than six years after the last payment of benefits. If basic or optional excess no-fault benefits have been paid for loss suffered by an injured person before the injured person's death resulting from the injury, an action for recovery of survivors' income loss or replacement services loss benefits may be commenced not later than two years after the death or six years after the last payment of benefits, whichever is earlier.
3. Except as subsection 1 or 2 prescribes a longer period, an action by a claimant on an assigned claim which has been timely presented may be commenced not later than sixty days after the claimant received written notice of rejection of the claim by the basic no-fault insurer to which it was assigned.
4. The time period limitations prescribed in this section govern all actions for basic and optional excess no-fault benefits under this chapter notwithstanding any limitation prescribed elsewhere in the laws of this state. N.D. Cent. Code, § 26.1-41-19
1. IF YOUR WERE INVOLVED IN A NORTH DAKOTA SEMI TRUCK ACCIDENT, YOU MAY BE INTERESTED IN THESE NORTH DAKOTA TRUCKING WEBSITE LINKS:
a. North Dakota Department of Transportation
www.dot.nd.gov/
b. North Dakota Highway Patrol
www.nd.gov/ndhp/
c. Commercial Vehicle Safety Alliance
www.cvsa.org/
d. American Trucking Associates
www.truckline.com
e. Truck Safety Coalition
www.trucksafety.org/
f. North Dakota Motor Carriers Association
www.ndmca.org
2. CALL ATTORNEY JASON WAECHTER OF www.TruckAccidentLawyers-USA.com. Our associating attorneys in North Dakota and each state specialize in handling injury accidents involving semi trucks, or tractor trailers. Call Jason Waechter NOW for free advice. Often, time is of the essence and quick, thorough investigation makes the difference in these specialized cases. Call and speak to Attorney Jason Waechter personally NOW! 1-800-708-5433.
3. The federal regulations that governs semi truck, or tractor trailer, accidents is “The Federal Motor Carrier Safety Regulations”, which can be found at the website:
www.fmcsa.dot.gov
Our trucking law office handles or can handle cases in the following North Dakota cities:
A
Abercrombie North Dakota Semi Truck Accident, Absaraka North Dakota Semi Truck Accident, Adams North Dakota Semi Truck Accident, Agate North Dakota Semi Truck Accident, Alamo North Dakota Semi Truck Accident, Alexander North Dakota Semi Truck Accident, Almont North Dakota Semi Truck Accident, Alsen North Dakota Semi Truck Accident, Ambrose North Dakota Semi Truck Accident, Amenia North Dakota Semi Truck Accident, Amidon North Dakota Semi Truck Accident, Anamoose North Dakota Semi Truck Accident, Aneta North Dakota Semi Truck Accident, Antler North Dakota Semi Truck Accident, Ardoch North Dakota Semi Truck Accident, Arnegard North Dakota Semi Truck Accident, Arthur North Dakota Semi Truck Accident, Arvilla North Dakota Semi Truck Accident, Ashley North Dakota Semi Truck Accident, Ayr North Dakota Semi Truck Accident
B
Baldwin North Dakota Semi Truck Accident, Balfour North Dakota Semi Truck Accident, Balta North Dakota Semi Truck Accident, Bantry North Dakota Semi Truck Accident, Barney North Dakota Semi Truck Accident, Bathgate North Dakota Semi Truck Accident, Beach North Dakota Semi Truck Accident, Belcourt North Dakota Semi Truck Accident, Belfield North Dakota Semi Truck Accident, Benedict North Dakota Semi Truck Accident, Berlin North Dakota Semi Truck Accident, Berthold North Dakota Semi Truck Accident, Beulah North Dakota Semi Truck Accident, Binford North Dakota Semi Truck Accident, Bisbee North Dakota Semi Truck Accident, Bismarck North Dakota Semi Truck Accident, Blanchard North Dakota Semi Truck Accident, Bottineau North Dakota Semi Truck Accident, Bowbells North Dakota Semi Truck Accident, Bowdon North Dakota Semi Truck Accident, Bowman North Dakota Semi Truck Accident, Braddock North Dakota Semi Truck Accident, Bremen North Dakota Semi Truck Accident, Brinsmade North Dakota Semi Truck Accident, Brocket North Dakota Semi Truck Accident, Buchanan North Dakota Semi Truck Accident, Buffalo North Dakota Semi Truck Accident, Burlington North Dakota Semi Truck Accident, Butte North Dakota Semi Truck Accident, Buxton North Dakota Semi Truck Accident
C
Caledonia North Dakota Semi Truck Accident, Calvin North Dakota Semi Truck Accident, Cando North Dakota Semi Truck Accident, Cannon Ball North Dakota Semi Truck Accident, Carpio North Dakota Semi Truck Accident, Carrington North Dakota Semi Truck Accident, Carson North Dakota Semi Truck Accident, Cartwright North Dakota Semi Truck Accident, Casselton North Dakota Semi Truck Accident, Cathay North Dakota Semi Truck Accident, Cavalier North Dakota Semi Truck Accident, Cayuga North Dakota Semi Truck Accident, Center North Dakota Semi Truck Accident, Chaffee North Dakota Semi Truck Accident, Chaseley North Dakota Semi Truck Accident, Christine North Dakota Semi Truck Accident, Churchs Ferry North Dakota Semi Truck Accident, Cleveland North Dakota Semi Truck Accident, Clifford North Dakota Semi Truck Accident, Cogswell North Dakota Semi Truck Accident, Coleharbor North Dakota Semi Truck Accident, Colfax North Dakota Semi Truck Accident, Columbus North Dakota Semi Truck Accident, Cooperstown North Dakota Semi Truck Accident, Courtenay North Dakota Semi Truck Accident, Crary North Dakota Semi Truck Accident, Crosby North Dakota Semi Truck Accident, Crystal North Dakota Semi Truck Accident, Cummings North Dakota Semi Truck Accident
D
Davenport North Dakota Semi Truck Accident, Dawson North Dakota Semi Truck Accident, Dazey North Dakota Semi Truck Accident, Deering North Dakota Semi Truck Accident, Denhoff North Dakota Semi Truck Accident, Des Lacs North Dakota Semi Truck Accident, Devils Lake North Dakota Semi Truck Accident, Dickey North Dakota Semi Truck Accident, Dickinson North Dakota Semi Truck Accident, Dodge North Dakota Semi Truck Accident, Donnybrook North Dakota Semi Truck Accident, Douglas North Dakota Semi Truck Accident, Drake North Dakota Semi Truck Accident, Drayton North Dakota Semi Truck Accident, Driscoll North Dakota Semi Truck Accident, Dunn Center North Dakota Semi Truck Accident, Dunseith North Dakota Semi Truck Accident
E
Eckelson North Dakota Semi Truck Accident, Edgeley North Dakota Semi Truck Accident, Edinburg North Dakota Semi Truck Accident, Edmore North Dakota Semi Truck Accident, Egeland North Dakota Semi Truck Accident, Elgin North Dakota Semi Truck Accident, Ellendale North Dakota Semi Truck Accident, Emerado North Dakota Semi Truck Accident, Enderlin North Dakota Semi Truck Accident, Epping North Dakota Semi Truck Accident, Erie North Dakota Semi Truck Accident, Esmond North Dakota Semi Truck Accident
F
Fairdale North Dakota Semi Truck Accident, Fairfield North Dakota Semi Truck Accident, Fairmount North Dakota Semi Truck Accident, Fargo North Dakota Semi Truck Accident, Fessenden North Dakota Semi Truck Accident, Fingal North Dakota Semi Truck Accident, Finley North Dakota Semi Truck Accident, Flasher North Dakota Semi Truck Accident, Flaxton North Dakota Semi Truck Accident, Forbes North Dakota Semi Truck Accident, Fordville North Dakota Semi Truck Accident, Forest River North Dakota Semi Truck Accident, Forman North Dakota Semi Truck Accident, Fort Ransom North Dakota Semi Truck Accident, Fort Totten North Dakota Semi Truck Accident, Fort Yates North Dakota Semi Truck Accident, Fortuna North Dakota Semi Truck Accident, Fredonia North Dakota Semi Truck Accident, Fullerton North Dakota Semi Truck Accident
G
Gackle North Dakota Semi Truck Accident, Galesburg North Dakota Semi Truck Accident, Gardner North Dakota Semi Truck Accident, Garrison North Dakota Semi Truck Accident, Gilby North Dakota Semi Truck Accident, Gladstone North Dakota Semi Truck Accident, Glasston North Dakota Semi Truck Accident, Glen Ullin North Dakota Semi Truck Accident, Glenburn North Dakota Semi Truck Accident, Glenfield North Dakota Semi Truck Accident, Golden Valley North Dakota Semi Truck Accident, Golva North Dakota Semi Truck Accident, Goodrich North Dakota Semi Truck Accident, Grace City North Dakota Semi Truck Accident, Grafton North Dakota Semi Truck Accident, Grand Forks North Dakota Semi Truck Accident, Grand Forks AFB North Dakota Semi Truck Accident, Grandin North Dakota Semi Truck Accident, Granville North Dakota Semi Truck Accident, Grassy Butte North Dakota Semi Truck Accident, Great Bend North Dakota Semi Truck Accident, Grenora North Dakota Semi Truck Accident, Gwinner North Dakota Semi Truck Accident
H
Hague North Dakota Semi Truck Accident, Halliday North Dakota Semi Truck Accident, Hamberg North Dakota Semi Truck Accident, Hamilton North Dakota Semi Truck Accident, Hampden North Dakota Semi Truck Accident, Hankinson North Dakota Semi Truck Accident, Hannaford North Dakota Semi Truck Accident, Hannah North Dakota Semi Truck Accident, Hansboro North Dakota Semi Truck Accident, Harvey North Dakota Semi Truck Accident, Harwood North Dakota Semi Truck Accident, Hatton North Dakota Semi Truck Accident, Havana North Dakota Semi Truck Accident, Hazelton North Dakota Semi Truck Accident, Hazen North Dakota Semi Truck Accident, Hebron North Dakota Semi Truck Accident, Hensel North Dakota Semi Truck Accident, Hettinger North Dakota Semi Truck Accident, Hillsboro North Dakota Semi Truck Accident, Hoople North Dakota Semi Truck Accident, Hope North Dakota Semi Truck Accident, Horace North Dakota Semi Truck Accident, Hunter North Dakota Semi Truck Accident, Hurdsfield North Dakota Semi Truck Accident
I
Inkster North Dakota Semi Truck Accident
J
Jamestown North Dakota Semi Truck Accident, Jessie North Dakota Semi Truck Accident, Jud North Dakota Semi Truck Accident
K
Karlsruhe North Dakota Semi Truck Accident, Kathryn North Dakota Semi Truck Accident, Keene North Dakota Semi Truck Accident, Kenmare North Dakota Semi Truck Accident, Kensal North Dakota Semi Truck Accident, Kief North Dakota Semi Truck Accident, Killdeer North Dakota Semi Truck Accident, Kindred North Dakota Semi Truck Accident, Knox North Dakota Semi Truck Accident, Kramer North Dakota Semi Truck Accident, Kulm North Dakota Semi Truck Accident
L
La Moure North Dakota Semi Truck Accident, Lakota North Dakota Semi Truck Accident, Langdon North Dakota Semi Truck Accident, Lankin North Dakota Semi Truck Accident, Lansford North Dakota Semi Truck Accident, Larimore North Dakota Semi Truck Accident, Lawton North Dakota Semi Truck Accident, Leeds North Dakota Semi Truck Accident, Lefor North Dakota Semi Truck Accident, Lehr North Dakota Semi Truck Accident, Leonard North Dakota Semi Truck Accident, Lidgerwood North Dakota Semi Truck Accident, Lignite North Dakota Semi Truck Accident, Linton North Dakota Semi Truck Accident, Lisbon North Dakota Semi Truck Accident, Litchville North Dakota Semi Truck Accident, Luverne North Dakota Semi Truck Accident
M
Maddock North Dakota Semi Truck Accident, Maida North Dakota Semi Truck Accident, Makoti North Dakota Semi Truck Accident, Mandan North Dakota Semi Truck Accident, Mandaree North Dakota Semi Truck Accident, Manning North Dakota Semi Truck Accident, Mantador North Dakota Semi Truck Accident, Manvel North Dakota Semi Truck Accident, Mapleton North Dakota Semi Truck Accident, Marion North Dakota Semi Truck Accident, Marmarth North Dakota Semi Truck Accident, Marshall North Dakota Semi Truck Accident, Martin North Dakota Semi Truck Accident, Max North Dakota Semi Truck Accident, Maxbass North Dakota Semi Truck Accident, Mayville North Dakota Semi Truck Accident, McClusky North Dakota Semi Truck Accident, McGregor North Dakota Semi Truck Accident, McHenry North Dakota Semi Truck Accident, McKenzie North Dakota Semi Truck Accident, McLeod North Dakota Semi Truck Accident, McVille North Dakota Semi Truck Accident, Medina North Dakota Semi Truck Accident, Medora North Dakota Semi Truck Accident, Mekinock North Dakota Semi Truck Accident, Menoken North Dakota Semi Truck Accident, Mercer North Dakota Semi Truck Accident, Michigan North Dakota Semi Truck Accident, Milnor North Dakota Semi Truck Accident, Milton North Dakota Semi Truck Accident, Minnewaukan North Dakota Semi Truck Accident, Minot North Dakota Semi Truck Accident, Minot AFB North Dakota Semi Truck Accident, Minto North Dakota Semi Truck Accident, Moffit North Dakota Semi Truck Accident, Mohall North Dakota Semi Truck Accident, Montpelier North Dakota Semi Truck Accident, Mooreton North Dakota Semi Truck Accident, Mott North Dakota Semi Truck Accident, Mountain North Dakota Semi Truck Accident, Munich North Dakota Semi Truck Accident, Mylo North Dakota Semi Truck Accident
N
Napoleon North Dakota Semi Truck Accident, Neche North Dakota Semi Truck Accident, Nekoma North Dakota Semi Truck Accident, New England North Dakota Semi Truck Accident, New Leipzig North Dakota Semi Truck Accident, New Rockford North Dakota Semi Truck Accident, New Salem North Dakota Semi Truck Accident, New Town North Dakota Semi Truck Accident, Newburg North Dakota Semi Truck Accident, Niagara North Dakota Semi Truck Accident, Nome North Dakota Semi Truck Accident, Noonan North Dakota Semi Truck Accident, Northwood North Dakota Semi Truck Accident
O
Oakes North Dakota Semi Truck Accident, Oberon North Dakota Semi Truck Accident, Oriska North Dakota Semi Truck Accident, Orrin North Dakota Semi Truck Accident, Osnabrock North Dakota Semi Truck Accident
P
Page North Dakota Semi Truck Accident, Palermo North Dakota Semi Truck Accident, Park River North Dakota Semi Truck Accident, Parshall North Dakota Semi Truck Accident, Pekin North Dakota Semi Truck Accident, Pembina North Dakota Semi Truck Accident, Penn North Dakota Semi Truck Accident, Perth North Dakota Semi Truck Accident, Petersburg North Dakota Semi Truck Accident, Pettibone North Dakota Semi Truck Accident, Pillsbury North Dakota Semi Truck Accident, Pingree North Dakota Semi Truck Accident, Pisek North Dakota Semi Truck Accident, Plaza North Dakota Semi Truck Accident, Portal North Dakota Semi Truck Accident, Portland North Dakota Semi Truck Accident, Powers Lake North Dakota Semi Truck Accident
R
Raleigh North Dakota Semi Truck Accident, Ray North Dakota Semi Truck Accident, Reeder North Dakota Semi Truck Accident, Regan North Dakota Semi Truck Accident, Regent North Dakota Semi Truck Accident, Reynolds North Dakota Semi Truck Accident, Rhame North Dakota Semi Truck Accident, Richardton North Dakota Semi Truck Accident, Riverdale North Dakota Semi Truck Accident, Robinson North Dakota Semi Truck Accident, Rocklake North Dakota Semi Truck Accident, Rogers North Dakota Semi Truck Accident, Rolette North Dakota Semi Truck Accident, Rolla North Dakota Semi Truck Accident, Roseglen North Dakota Semi Truck Accident, Ross North Dakota Semi Truck Accident, Rugby North Dakota Semi Truck Accident, Ruso North Dakota Semi Truck Accident, Rutland North Dakota Semi Truck Accident, Ryder North Dakota Semi Truck Accident
S
Saint Anthony North Dakota Semi Truck Accident, Saint John North Dakota Semi Truck Accident, Saint Michael North Dakota Semi Truck Accident, Saint Thomas North Dakota Semi Truck Accident, Sanborn North Dakota Semi Truck Accident, Sarles North Dakota Semi Truck Accident, Sawyer North Dakota Semi Truck Accident, Scranton North Dakota Semi Truck Accident, Selfridge North Dakota Semi Truck Accident, Sentinel Butte North Dakota Semi Truck Accident, Sharon North Dakota Semi Truck Accident, Sheldon North Dakota Semi Truck Accident, Sherwood North Dakota Semi Truck Accident, Sheyenne North Dakota Semi Truck Accident, Shields North Dakota Semi Truck Accident, Solen North Dakota Semi Truck Accident, Souris North Dakota Semi Truck Accident, South Heart North Dakota Semi Truck Accident, Spiritwood North Dakota Semi Truck Accident, Stanley North Dakota Semi Truck Accident, Stanton North Dakota Semi Truck Accident, Starkweather North Dakota Semi Truck Accident, Steele North Dakota Semi Truck Accident, Sterling North Dakota Semi Truck Accident, Strasburg North Dakota Semi Truck Accident, Streeter North Dakota Semi Truck Accident, Surrey North Dakota Semi Truck Accident, Sutton North Dakota Semi Truck Accident, Sykeston North Dakota Semi Truck Accident
T
Tappen North Dakota Semi Truck Accident, Taylor North Dakota Semi Truck Accident, Thompson North Dakota Semi Truck Accident, Tioga North Dakota Semi Truck Accident, Tokio North Dakota Semi Truck Accident, Tolley North Dakota Semi Truck Accident, Tolna North Dakota Semi Truck Accident, Tower City North Dakota Semi Truck Accident, Towner North Dakota Semi Truck Accident, Trenton North Dakota Semi Truck Accident, Turtle Lake North Dakota Semi Truck Accident, Tuttle North Dakota Semi Truck Accident
U
Underwood North Dakota Semi Truck Accident, Upham North Dakota Semi Truck Accident
V
Valley City North Dakota Semi Truck Accident, Velva North Dakota Semi Truck Accident, Venturia North Dakota Semi Truck Accident, Verona North Dakota Semi Truck Accident, Voltaire North Dakota Semi Truck Accident
W
Wahpeton North Dakota Semi Truck Accident, Walcott North Dakota Semi Truck Accident, Wales North Dakota Semi Truck Accident, Walhalla North Dakota Semi Truck Accident, Warwick North Dakota Semi Truck Accident, Washburn North Dakota Semi Truck Accident, Watford City North Dakota Semi Truck Accident, Webster North Dakota Semi Truck Accident, West Fargo North Dakota Semi Truck Accident, Westhope North Dakota Semi Truck Accident, Wheatland North Dakota Semi Truck Accident, White Earth North Dakota Semi Truck Accident, Wildrose North Dakota Semi Truck Accident, Williston North Dakota Semi Truck Accident, Willow City North Dakota Semi Truck Accident, Wilton North Dakota Semi Truck Accident, Wimbledon North Dakota Semi Truck Accident, Wing North Dakota Semi Truck Accident, Wishek North Dakota Semi Truck Accident, Wolford North Dakota Semi Truck Accident, Woodworth North Dakota Semi Truck Accident, Wyndmere North Dakota Semi Truck Accident
Y
York North Dakota Semi Truck Accident, Ypsilanti North Dakota Semi Truck Accident
Z
Zahl North Dakota Semi Truck Accident, Zap North Dakota Semi Truck Accident, Zeeland North Dakota Semi Truck Accident
*There are many exceptions to North Dakota semi truck accident law and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your North Dakota semi truck injury.
*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.
***Law portion of site in progress. North Dakota trucking law regarding North Dakota semi truck accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.
North Dakota Truck Accident Lawyers helping truck accident victims. If you were injured in a truck accident, you need to speak with a qualified trial attorney, one who knows truck law. We can help you find the right law firm to represent you.
