A pedestrian struck by a car has no airbag, no steel frame, no protection at all. The injuries are often catastrophic, and the medical bills climb fast. North Dakota law requires drivers to yield the right of way to pedestrians crossing within a crosswalk, and a driver who fails to do so is typically liable for the resulting injuries. But fault is only half the story. The state’s no-fault insurance system decides who pays your medical bills first, and a serious-injury threshold controls whether you can pursue pain and suffering. A North Dakota personal injury attorney at Pringle & Herigstad, P.C. can review your case and pursue the compensation you deserve.
Who Is at Fault When a Driver Hits a Pedestrian in a Crosswalk?
In most crosswalk collisions, the driver is at fault. North Dakota law requires a driver to yield the right of way to a pedestrian crossing within a crosswalk when traffic signals are not in place or not working, slowing down or stopping if needed. At a signalized intersection, a pedestrian facing a “Walk” indication must be given the right of way by drivers. A driver who hits a pedestrian who was lawfully crossing has almost certainly violated that duty.
Fault is not automatic, though. A pedestrian still has responsibilities. State law says a pedestrian may not suddenly leave a curb and walk or run into the path of a vehicle that is so close it creates an immediate hazard. A pedestrian crossing outside a crosswalk generally must yield to traffic. Those facts can shift part of the blame, which matters a great deal under North Dakota’s fault rules.
Does No-Fault Insurance Cover a Pedestrian Hit by a Car?
Yes. North Dakota is a no-fault state, and its no-fault benefits extend to pedestrians. If you are struck by an insured vehicle, that vehicle’s basic no-fault coverage pays your economic losses without regard to who caused the crash. Basic no-fault benefits in North Dakota are capped at $30,000 per person for economic loss, and they cover things like:
- Reasonable and necessary medical and rehabilitation expenses
- Lost income from work, subject to a weekly limit
- Replacement services, such as help with tasks you can no longer do
- Funeral, cremation, and burial costs in a fatal crash
No-fault benefits pay economic losses only. They do not cover pain and suffering or other noneconomic harm. For a car accident claim in North Dakota, understanding this split is the difference between recovering your out-of-pocket costs and recovering everything the crash took from you.
When Can You Sue the Driver for Pain and Suffering?
You can step outside the no-fault system and pursue a claim against the driver for pain and suffering only when your injury qualifies as a “serious injury” under state law. North Dakota defines a serious injury as one that results in:
- Death
- Dismemberment
- Serious and permanent disfigurement
- A disability lasting more than 60 days
- Medical expenses greater than $2,500
Pedestrian injuries frequently meet that bar. Broken bones, head injuries, and surgeries routinely push medical costs past $2,500 and leave lasting effects. Once the threshold is met, you can seek noneconomic damages from the at-fault driver in addition to the economic losses no-fault did not fully cover.
How Does Shared Fault Affect Your Recovery?
North Dakota follows a modified comparative fault rule. You can still recover damages if you were partly to blame, but your award is reduced by your percentage of fault. If your fault is as great as the combined fault of everyone else who caused the crash, meaning roughly 50 percent or more, you recover nothing.
This is why insurers look hard for any reason to blame the pedestrian, such as crossing against a signal or stepping off a curb too quickly. Even a modest shift in fault can shrink a settlement or erase it. Building the timeline early, with the police report, witness accounts, and any camera footage, helps protect your recovery.
What Should You Do After a Crosswalk Accident in North Dakota?
The steps you take in the first days can shape your claim. After a pedestrian crash, focus on the following:
- Get medical care right away, and follow through on all treatment
- Report the crash and make sure a police report is created
- Photograph the scene, the crosswalk, signals, and your injuries
- Get names and numbers for any witnesses
- Avoid giving a recorded statement to the driver’s insurer before getting advice
Timing also matters legally. In North Dakota, the deadline to file a personal injury lawsuit is generally six years from the date of the injury, while a wrongful death claim must be filed within two years of the death. Acting early preserves evidence and keeps every option open. You can review the basics in this guide to personal injury claims in North Dakota, and national data on pedestrian safety shows just how vulnerable people on foot are in traffic.
Injured in a North Dakota Crosswalk? Talk to Pringle & Herigstad
A crosswalk crash can leave you hurt, behind on bills, and facing an insurance company focused on its own bottom line. You do not have to sort out no-fault rules and fault disputes alone. Contact Pringle & Herigstad, P.C. for a free consultation. With offices in Minot and Grand Forks and more than a century serving North Dakota, our attorneys hold careless drivers accountable and fight for the full compensation injured pedestrians deserve.