If you’ve been hit by a commercial vehicle—whether it was a delivery van, utility truck, ambulance, or something as large as an 18-wheeler—you’re probably feeling overwhelmed. You’re trying to get medical care, figure out time off work, deal with your insurance, and on top of that, your recovery and livelihood may hinge on proving who was at fault.
That’s not something most people can—or should—have to figure out alone.
Our North Dakota commercial vehicle accident attorneys have put together this guide to help people protect their rights and get the compensation they need to move forward.
What Counts as a “Commercial Vehicle”?
Most people assume a “commercial vehicle” means a big rig or semi-truck. But in North Dakota, that term covers a lot more than just 18-wheelers.
If a vehicle is being used for business, not personal errands or family travel, it can often fall under the commercial vehicle category. That includes some vehicles you probably see every day.
For example:
A delivery van dropping off Amazon packages
- A city utility truck crew working on a power line
- A company car used by an employee for work-related travel
- A garbage truck on its regular route
- An ambulance responding to a call
- A shuttle transporting passengers from the airport
Even rideshare vehicles like Uber or Lyft may be considered commercial in certain situations, depending on how they’re insured and who’s responsible for maintenance.
In short, it’s not just about size—it’s about purpose. If the vehicle was being operated as part of someone’s job or business, the company behind it may be on the hook if something goes wrong. That’s true whether the vehicle is a 30-ton dump truck or a compact van packed with deliveries.
Why Fault Matters in North Dakota
North Dakota uses a modified comparative fault system. That means if you’re partially responsible for the crash, your compensation can be reduced. And if you’re found to be 50% or more at fault, you may be blocked from recovering anything.
So proving fault isn’t just a formality—it directly affects your ability to recover damages.
Who Can Be Held Responsible in a Commercial Vehicle Accident?
When a crash involves a commercial vehicle, fault isn’t always as simple as pointing to the driver. In fact, many of these cases involve multiple people—or even entire companies—who may have played a part in what happened.
Here’s what we usually look at:
- The Driver. Were they speeding? Texting? Pushing through exhaustion to meet a deadline? Just like in any crash, the driver’s actions are the starting point.
- The Company. Did they hire someone without proper training? Ignore maintenance issues? Create unrealistic delivery schedules that pressured drivers to cut corners?
- Maintenance Crews. If a third-party shop handled inspections or repairs, we’ll want to know whether something was missed or done improperly.
- Cargo Handlers. This applies mostly to trucks and vans. If the load wasn’t secured correctly or the vehicle was overloaded, that can easily lead to a rollover or brake failure.
- The Manufacturer. Sometimes, it’s not human error—it’s mechanical. A faulty tire, bad brakes, or defective steering system could shift fault to the company that built or supplied the part.
- Other Drivers or Pedestrians. We also look at whether someone else on the road caused or contributed to the crash, especially in chain-reaction situations.
And yes, this includes government-owned vehicles too—like city utility trucks, school buses, or ambulances. Those cases are handled a little differently, but public agencies can still be held accountable under certain conditions.
Every case is different, and it often takes a deep dive into records, footage, and expert analysis to figure out who’s really responsible. But if there’s one thing you should know, it’s that fault doesn’t always land where you’d expect.
How Do You Prove Fault in an Accident Involving a Commercial Vehicle?
Most clients assume the police report will answer this question. Sometimes it helps—but it’s rarely the whole picture. Insurance companies don’t always agree with the report. And companies often have legal teams ready to argue their way out of paying.
Here’s what we actually need to build a strong case:
1. Evidence Preservation
The sooner we get involved, the better. Commercial vehicles usually have GPS trackers, dash cams, maintenance logs, and electronic logs that could prove key details, but this data doesn’t stick around forever. We send formal legal notices (called spoliation letters) to make sure evidence isn’t erased or “lost.”
2. Scene Investigation
Skid marks, camera footage, witness statements, damage to both vehicles—all of it paints a picture. Sometimes, we bring in accident reconstruction experts to explain what happened in clear, visual terms.
3. Company & Driver Records
Did the driver have past accidents? Was the vehicle overdue for repairs? Were they running behind and speeding to make up time? We dig through logs, employment records, and internal policies to answer those questions.
4. Applicable Laws & Safety Rules
Some commercial drivers are subject to specific rules, especially those driving for medical services, public transportation, or national delivery companies. If they violated those rules, that could help establish negligence.
What If They’re Blaming You?
It’s a common tactic. Insurance companies (especially those covering large corporations) often try to shift the blame, even when their driver was clearly at fault. They may claim:
- You stopped too quickly
- You were in the vehicle’s blind spot
- You weren’t wearing a seatbelt
- You didn’t yield properly
Even if you think you might be partially responsible, don’t assume the worst. Fault is rarely black-and-white, and in many cases, we’re able to show the other party bears the majority—or all—of the blame.
Why Commercial Vehicle Accident Cases Are Different
Commercial vehicle accidents tend to involve:
- Higher insurance limits (which can mean bigger payouts, but also more pushback)
- Corporate or government legal departments defending the driver
- Complex webs of responsibility, especially if multiple companies are involved
- Delays and denials from insurance carriers who want to minimize losses
You don’t need to know the ins and outs of commercial liability. That’s our job. But having an attorney with experience in these specific types of cases makes a world of difference.
The Real-World Impact of a Commercial Vehicle Accident
People don’t just call us because they want money—they call us because their lives have been turned upside down. You may be dealing with:
- Hospital bills and specialist visits
- Missed work or reduced hours
- Anxiety or PTSD from the crash
- Long-term injuries like whiplash, brain trauma, or back damage
- Permanent disabilities that affect your livelihood
These things matter. And North Dakota law gives you the right to be made whole, not just for what’s already happened, but for the impact it’ll have on your future.
Let’s Talk About What Happens Next
If you’ve been in an accident involving a commercial vehicle, the sooner you talk to a lawyer, the better your chances of building a strong case. Evidence fades. Memories get fuzzy. Companies close ranks. That’s why we move fast—and we keep you in the loop the entire way.
At Pringle & Herigstad, P.C., we’ve been representing accident victims across Grand Forks & Minot, North Dakota for over a century. We know the terrain. We know the insurance tactics. And we know how to stand up for people when they need it most.
Schedule a free consultation with a North Dakota commercial vehicle accident attorney today. You don’t have to do this alone. We’re here to help.