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Rear-End Collision Lawyer in Bismarck, ND
Attorneys ready to fight for those injured in rear-end crashes in Bismarck
Rear-end crashes often appear “minor,” but in some instances, these types of collisions can cause life-altering injuries. Throughout the Bismarck area, rear-end crashes happen often, especially in winter when ice and snow amplify the risk of vehicles sliding into other cars, trucks, or motorcycles. In fact, statistics show that in 2024, someone in North Dakota suffered a crash-related injury every 3.5 hours. If you were injured in a collision, our Bismarck car accident lawyers are ready to help.
Free Case Evaluation
Call 701-484-4878 now or fill out the form above to receive a free confidential consultation.
What causes rear-end collisions?
There are many causes of rear-end crashes, and while some may appear clear-cut, in other cases, causation can be disputed. Some common reasons for these collisions include:
- One driver is following too closely or tailgating other vehicles. In this situation, any time the front driver needs to stop, there is a chance the rear driver won’t be able to react in time to avoid impact.
- Distracted driving, especially the use of a smartphone, is a major concern. NDDOT reports that distraction and drowsy driving caused 936 crashes, including 12 fatal and 308 injury crashes, in the state in 2024.
- Speeding and traveling too fast for the weather conditions are also common causes. Speed and aggressive driving factored into 33% of fatal crashes in North Dakota.
- Sudden traffic slowdowns, construction zones, and poor visibility also increase the chance of a rear-end collision. However, it’s important to note that the conditions aren’t really an excuse, as drivers should be slowing down when conditions create risks.
The severity of a rear-end crash can be greater if large vehicles, like commercial trucks, are involved. Large trucks also require much longer stopping distances, increasing the chances of a rear-end crash when traffic slows down rapidly.
Injuries that can result from a rear-end collision
Rear-end collisions can cause a variety of injuries, but many of the most common ones include harm to the neck and spine. Specifically, rear-end crashes may result in:
- Whiplash is a soft-tissue injury that may have delayed onset symptoms, meaning victims might not immediately know they sustained injuries.
- Cervical and lumbar disc injuries, such as bulging or herniation, and radiculopathy may result from a rear-end crash.
- Concussions and more severe traumatic brain injuries may occur because of the head snapping back and forth. Even in the absence of an impact with another object in the car, that quick snapping can cause the brain to collide with the inside of the skull, leading to these injuries.
- Shoulder injuries, fractured ribs or sternum, and knee injuries from impact with the dashboard are common.
Sometimes, the injuries from a rear-end crash are really aggravation of pre-existing conditions. In such cases, insurers may try to argue that your injuries aren’t from the crash and that you therefore don’t deserve compensation. In reality, even if you suffer harm because an existing injury is made worse by a rear-end accident caused by another driver, you should have a valid claim for damages. Your attorney will need to help you build your case and combat those claims from insurers who are more interested in saving money than making sure you get the treatment and support you need.
Pursuing compensation for your damages after a rear-end collision
Following a rear-end accident, you’ll need to work with an attorney to build a successful claim for damages. Some considerations include:
- Careful medical documentation: ER or urgent care records are critical for showing injuries, but also for demonstrating the timing of onset. If you wait too long to seek treatment, this can work against you, so be sure to go right away and get checked out for any injuries. Any imaging or other records that support your claim will be helpful to your case. Additionally, complying with the treatment plan by attending follow-up appointments and physical therapy allows you to fend off “gap in care” arguments. Listen to your doctor.
- Expert testimony: Your attorney can work with experts who are able to help you build a stronger claim. Different experts you may want to involve in your case include doctors who can show medical causation, crash reconstruction experts who understand biomechanics and are able to help prove fault, and vocational or economic experts who can work to prove your income and future wage loss resulting from the crash.
- Witness statements: Independent witnesses, passengers, and first responders all may be able to give information on what caused the crash. If it exists, dashcam or business surveillance may also support your arguments, so it’s important to secure that footage quickly.
- Quality-of-life assessments: The crash may have cost you in medical expenses, but for many, the impact extends beyond the treatments and healing of broken bones. You might struggle with daily activities, suffer from sleep disruption, be unable to enjoy your hobbies, and struggle to care for your children. It’s important to document all of these losses as well.
Economic and non-economic damages
Some of your losses will be apparent on receipts – like medical expenses related to imaging tests or surgical procedures. Others might be calculable because you can show that you lost income because you missed work while recovering. Your past and future medical bills, rehab, meds, mileage, lost wages, diminished earning capacity, and inability to perform household services are all part of your economic damages.
On top of economic losses, injuries cause pain and suffering. Not being able to enjoy doing the things you loved to do prior to the accident is its own kind of loss. The law allows you to recover for these types of non-economic damages in addition to your provable financial losses.
How does PIP insurance apply?
North Dakota is a no-fault state, so your PIP typically pays initial medical and lost wage benefits regardless of fault. However, it does not compensate for pain and suffering. It’s important to understand that North Dakota’s no-fault policy doesn’t necessarily prevent you from seeking damages from someone who caused your injuries, like a driver who rear-ended you. In cases where your medical expenses were greater than $2,500, or if you suffered dismemberment, serious or permanent disfigurement, or disability lasting more than 60 days, you can bring a negligence claim and pursue pain and suffering damages.
Also, if your economic losses exceed the maximum PIP coverage, you may pursue the at-fault driver for excess losses. If that driver doesn’t have insurance, you might have the possibility of bringing a UM/UIM claim with your own insurance carrier, depending on the facts.
Comparative fault in North Dakota
North Dakota operates on the legal theory of modified comparative fault. Under the law, you may only recover if you’re less than 50% at fault. In cases where you contributed to the crash, the award you recover will be reduced by your percentage of assigned fault (N.D.C.C. § 32-03.2-02). For instance, if you were 10% at fault and suffered $100,000 in damages, your recovery would be $90,000. While the rear driver may be considered entirely at fault in many rear-end crashes, there are times when the front driver may share fault for their actions, like changing lanes too close in front of the rear driver. It’s good to know that if the other driver is able to show your actions contributed to the crash too, that won’t necessarily prevent you from recovering for most of your losses.
Deadlines and reporting requirements in North Dakota
There are certain procedural requirements that you should be aware of if you want to file a personal injury claim following a rear-end crash in Bismarck. First, it’s important to note the statute of limitations. This law limits the amount of time you have to file your claim. In North Dakota, you typically have six years to bring your case to court (N.D.C.C. § 28-01-16(5)). If you’ve lost a loved one in a rear-end collision, you need to file your wrongful death claim, typically within two years (N.D.C.C. § 28-01-18(4)). While it might sound like you've got a lot of time to think over your next steps, this isn’t necessarily true. You might be able to wait and file, but evidence becomes more challenging to track down as time passes. Video footage may be erased, and witnesses may begin to forget important details as the months pass by. Your best bet is to speak to a lawyer right away rather than assuming you can handle the legal aspects of your case later.
Another consideration is North Dakota’s crash reporting duty. You must report the collision if it causes an injury or death or if the property damage appears to be $4,000 or more (N.D.C.C. § 39-08-09). This isn’t just about avoiding penalties for late reporting of a crash; it’s also about preserving your claim. Gaps between the crash and your report can harm your credibility and open the door for insurance companies to argue that the crash wasn’t serious.
Work with an experienced Bismarck car accident attorney
At Larson Law Injury & Accident Lawyers, we’re here to support those injured in rear-end crashes. We have an office located conveniently at 3801 Lockport Street, Suite 2, Bismarck, North Dakota 58503. If you’re unable to make it to us, we can arrange a phone call or video meeting to discuss your injuries.
Don’t let insurer tactics prevent you from recovering damages after a rear-end crash. You’re likely to hear arguments like the collision involved minimal impact, that your injuries were pre-existing, or that you’re at fault because “you stopped short.” We’ve seen it all before, and we’re prepared to push back against such defenses.
When you work with Larson Law, you have local counsel at your side, ready to help you each step of the way. Call us today or fill out our contact form to schedule a free consultation. We work on a contingency basis, so there’s no need to hesitate.