Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.
Detailed Answer
Under North Dakota law, proving a motorist’s negligence in a collision at a traffic signal or exit requires establishing four elements: duty, breach, causation, and damages. You must prove each by a preponderance of the evidence.
1. Duty of Care
All drivers owe a duty to operate their vehicles with reasonable care. At traffic signals, motorists must obey signal controls (N.D.C.C. § 39-06-41; https://www.legis.nd.gov/cencode/t39c06.pdf). When exiting a highway or merging, drivers must yield and merge safely under the state’s right-of-way rules (see N.D.C.C. § 39-06-13; https://www.legis.nd.gov/cencode/t39c06.pdf).
2. Breach of Duty
To show breach, you need evidence the other driver failed to exercise reasonable care. Common sources include:
- Police accident reports citing signal violations or improper merging.
- Traffic camera or red-light camera footage capturing the infraction.
- Eyewitness statements describing the driver’s failure to stop, yield, or merge.
- Accident reconstruction expert opinions.
3. Causation
You must connect the breach directly to the crash. Useful evidence includes skid-mark measurements, event data recorder (EDR) downloads, and surveillance videos showing the sequence of events.
4. Damages
Document your losses, such as medical records, vehicle repair estimates, and photographs of injuries and damage. Keep all bills and receipts to prove economic harm.
If the other driver bears partial fault, North Dakota applies comparative negligence, reducing your recovery by your percentage of fault (N.D.C.C. § 9-10-06; https://www.legis.nd.gov/cencode/t09c10.pdf).
Helpful Hints
- Photograph the scene, vehicles, and any skid marks before moving cars.
- Request the official accident report from the North Dakota Highway Patrol.
- Obtain signal timing and maintenance records from the city or county public works department.
- Collect contact information from every eyewitness at the scene.
- Consider hiring an accident reconstruction expert to analyze data and images.
- Track all medical treatments, expenses, and lost-wage documentation.