NORTH DAKOTA MOTORCYCLE LAW

 

North Dakota motorcyclists are protected under North Dakota motorcycle law that makes negligent drivers responsible and liable to North Dakota motorcyclists. A North Dakota biker involved in a motorcycle accident in North Dakota may obtain compensation for his or her injuries that were caused by the other driver's negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, no fault benefits, and more. What follows are some of the relevant law involving motorcycles in the State of North Dakota

 

If you sustained an injury due to a North Dakota motorcycle accident and you haven't contacted a lawyer about your North Dakota motorcycle accident, the best thing you can do for yourself is contact us NOW. We'll listen to you and help you understand your options. If you have a case, we'll help you find the best motorcycle accident injury attorney or law firm in your area. As an attorney who litigates these cases, I belong to many trial lawyer and motorcycle lawyer groups and have gone out of my way to find the best motorcycle attorneys in each state. Even the phone call is free, and there is no obligation. Don't wait until it's too late, make a simple call and talk to attorney Jason Waechter, The Motorcycle Lawyer. 1-877-Biker-Law (1-877-245-3752).

 

* North Dakota Helmet Law: Helmet with reflectorization required under age 18.

 

NORTH DAKOTA CENTURY CODE

TITLE 39. MOTOR VEHICLES

CHAPTER 39-10.2. MOTORCYCLES

39-10.2-06 Equipment for motorcycle riders.

1. No person under the age of eighteen years may operate or ride upon a motorcycle unless protective headgear, which complies with standards established by the department, is being worn on the head of the operator and rider, except when participating in a lawful parade. If the operator of a motorcycle is required to wear protective headgear, any passenger must also wear protective headgear regardless of the age of the passenger.

 

* North Dakota Eye Protection Law: Eye Protection is not required for North Dakota motorcycle riders.

 

* Minimum Required Insurance for North Dakota Motorcycle: Compulsory Liability Insurance

 

* North Dakota Statute of Limitations:

 

NORTH DAKOTA CENTURY CODE

TITLE 26.1. INSURANCE

CHAPTER 26.1-41. AUTO ACCIDENT REPARATIONS.

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.

 

* North Dakota is a No-Fault state.

 

NORTH DAKOTA CENTURY CODE

TITLE 26.1. INSURANCE

CHAPTER 26.1-41. AUTO ACCIDENT REPARATIONS

26.1-41-01 Definitions.

 

7. "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.

 

* North Dakota No-Fault Benefits:

 

    * MEDICAL EXPENSES

 

NORTH DAKOTA CENTURY CODE

TITLE 26.1. INSURANCE

CHAPTER 26.1-41. AUTO ACCIDENT REPARATIONS

26.1-41-01 Definitions.

 

9. "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.

 

* REHABILITATION EXPENSES

 

NORTH DAKOTA CENTURY CODE

TITLE 26.1. INSURANCE

CHAPTER 26.1-41. AUTO ACCIDENT REPARATIONS

26.1-41-01 Definitions.

 

16. "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.

 

* WORK LOSS

 

NORTH DAKOTA CENTURY CODE

TITLE 26.1. INSURANCE

CHAPTER 26.1-41. AUTO ACCIDENT REPARATIONS

26.1-41-01 Definitions.

     

      24. "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.

 

* REPLACEMENT SERVICES LOSS

 

NORTH DAKOTA CENTURY CODE

TITLE 26.1. INSURANCE

CHAPTER 26.1-41. AUTO ACCIDENT REPARATIONS

26.1-41-01 Definitions.

 

18. "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.

 

* SURVIVORS' INCOME LOSS

 

NORTH DAKOTA CENTURY CODE

TITLE 26.1. INSURANCE

CHAPTER 26.1-41. AUTO ACCIDENT REPARATIONS

26.1-41-01 Definitions.

 

22. "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.

 

* SURVIVORS' REPLACEMENT SERVICES LOSS

 

NORTH DAKOTA CENTURY CODE

TITLE 26.1. INSURANCE

CHAPTER 26.1-41. AUTO ACCIDENT REPARATIONS

26.1-41-01 Definitions.

 

23. "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.

 

* FUNERAL EXPENSES (Funeral, cremation, and burial expenses.)

 

-The above benefits combined may not exceed $30,000.

 

NORTH DAKOTA CENTURY CODE

TITLE 26.1. INSURANCE

CHAPTER 26.1-41. AUTO ACCIDENT REPARATIONS

26.1-41-01 Definitions.

 

2. "Basic no-fault benefits" 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.

 

 

* 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.

 

* Death

* Dismemberment

* Permanent serious disfigurement

* Disability beyond 60 days

* Medical expenses in excuse of $2,500

* Permanent scar

 

NORTH DAKOTA CENTURY CODE

TITLE 26.1. INSURANCE

CHAPTER 26.1-41. AUTO ACCIDENT REPARATIONS

26.1-41-01 Definitions.

 

11. "Noneconomic loss" means pain, suffering, inconvenience, and other nonpecuniary damage recoverable under the tort law of this state.

 

NORTH DAKOTA CENTURY CODE

TITLE 26.1. INSURANCE

CHAPTER 26.1-41. AUTO ACCIDENT REPARATIONS

26.1-41-01 Definitions.

 

21. "Serious injury" means an accidental bodily injury which results in death, dismemberment, serious and permanent disfigurement or disability beyond sixty days, or medical expenses in excess of two thousand five hundred dollars. An injured person who is furnished the services in subsection 9 without charge or at less than the usual and customary charge for the service in this state is deemed to have sustained a serious injury if a court determines that the usual and customary value of the services exceeds two thousand five hundred dollars.

 

*There are many exceptions, special definitions 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 accident.

 

*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 motorcycle law regarding North Dakota motorcycle accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.