ND Woman Seeking Damages from Local Fire Department Following Serious Accident

A woman from Ramsey County, North Dakota is seeking $75,000 in damages from a local fire department after a prescribed burn (also called a “controlled burn”) led to a serious accident in 2017. The claim was filed in federal court on December 21, 2020, by Hannah Valles. It states that the Fort Totten Agency and the Spirit Lake Fire Department conducted a prescribed burn on October 31, 2017, leading to a blackout of BIA Road 6, causing a major accident and subsequent injuries.

The basis of the claim

According to a report from The Mitchell Republic, Valles was driving her 1999 Buick Century east on BIA Road 6 with two other passengers in the vehicle. While driving, the roadway became enveloped with thick, black smoke that led to conditions of zero visibility. The claim states that the Spirit Lake Fire Department and Fort Totten Agency were conducting a prescribed burn not far from the road that led to the zero visibility conditions.

Valles brought her vehicle to an immediate emergency stop since she could not see anything in front of her. However, she did not know that a GMC Terrain had done the same and she struck the rear of the vehicle. She exited the vehicle to check on the status of her passengers and those in the GMC Terrain. She then called 911 from her mobile phone.

As she was on the phone with 911, she began walking around her vehicle towards a ditch. That’s when a passenger from her vehicle yelled to her that another vehicle was headed in their direction. The approaching vehicle, a Dodge Nitro, was unable to see Valles or the two vehicles that were involved in the initial accident.

The Dodge Nitro hit Valles and sent her flying at least 20 feet from her vehicle. Valles was transported to CHI St. Alexius in Devils Lake, N.D., then to Altru Hospital in Grand Forks for extensive care. Her final stop before being released was Sanford Medical Center in Fargo for neurological care due to a traumatic brain injury.

Valles was diagnosed with a temporal bone fracture, cognitive impairments, and complete right facial nerve paralysis.

Violation of safety procedures

The complaint filed on December 21, 2020, claims that the prescribed burn was in violation of many safety procedures and rules, which led to negligence under the law of the state of North Dakota. Valles is seeking payment for the following in her lawsuit:

• Economic damages for medical bills and loss of income
• Non-economic damages for mental anguish and emotional distress

The state has just 60 days from the date the lawsuit was filed to respond.

The personal injury attorneys at Larson Law offer compassionate and skilled representation for victims of car accidents throughout the state of North Dakota. Call our office in Minot or Bismarck today at 701-484-HURT or complete a contact form online to schedule a consultation.