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Rear-End Collision Lawyer in Fargo, ND
Legal advocacy for those injured in Fargo rear-end crashes
Recent statistics show that 3,592 people suffered car-crash-related injuries in North Dakota in 2024. Fargo presents several risks for drivers, including heavy traffic in commuter corridors and extreme winter weather that create perilous road conditions. Many of these accidents involve rear-end collisions. While a rear-end crash might sound relatively minor, these collisions can leave victims with severe injuries, costly medical bills, missed time at work, and other complications. At Larson Law Injury & Accident Lawyers, we represent victims of rear-end car crashes in and around Fargo. Call us today to learn more about how we can help.
Free Case Evaluation
Call 701-484-4878 now or fill out the form above to receive a free confidential consultation.
What are some causes of rear-end collisions?
There are several possible causes of rear-end crashes. Some common issues that lead to rear-end accidents include:
- Distracted driving: 936 crashes related to distracted, fatigued, or sleeping drivers were reported in 2024. Sadly, twelve of those were fatal, and another 308 caused injuries.
- Following too closely: When a driver doesn’t leave enough space between their vehicle and the one in front of them, they create a situation where a rear-end crash is far more likely. If the front driver has to stop quickly, such as if a person or animal runs into the road, the following driver may not have time to react and avoid a crash.
- Speeding or driving too fast for conditions: Even with more space, vehicle speed can increase the risk of a crash. Imagine a driver traveling too fast behind you on ice – the risk of a collision is fairly obvious in such circumstances.
- Weather and visibility: Whether it’s a dark country road, heavy fog, or snowfall, lower visibility means increased risk of crashes. None of those conditions will serve as an excuse, however, as drivers are expected to adjust their driving to road and visibility conditions.
- Multi-vehicle chain reactions: In some complicated cases, liability might belong to several drivers. For instance, a driver may strike a vehicle, pushing the front car into the one ahead. Fault in such cases may lie primarily with the rear driver, but for the front car, it could also be a factor that the middle car had stopped too close.
Injuries that can result from a rear-end collision
Some injuries are common following a rear-end crash. While some of these may seem minor, the ongoing symptoms can be extremely problematic and potentially costly for individuals. Injuries may include:
- Whiplash and soft-tissue injury
- Cervical/lumbar disc injury or nerve impingement
- Back/shoulder injuries
- Concussion/TBI
- Chronic pain and functional limitations
Treatment delays and injuries considered “invisible” can create credibility challenges that victims and their attorneys must overcome. It’s important to work with a lawyer who can help you know how to document your injuries and build a more successful case.
Pursuing compensation for your damages after a rear-end collision
Pursuing compensation requires careful planning and gathering of information. Your attorney can help you know what to collect and who to turn to for support in building your claim. For instance, you’ll want to:
- Preserve all related medical documentation, including bills and treatment records.
- Coordinate with experts who can help prove how the crash happened, support your medical diagnoses and claims, or estimate how much future income you might have lost because you were too injured to work.
- Gather witness statements and look for any video that can support your claim, like dashcam, traffic, or business surveillance footage.
Your lawyer can also help come up with a number that reflects what your case is worth. This may involve your economic damages, like medical bills, lost wages, and future care, as well as losses that are harder to calculate, like your pain, suffering, and loss of enjoyment.
Also worth noting is that North Dakota insurance law includes PIP coverage that should compensate you for economic losses. The baseline required by PIP is $30,000 per person. To pursue pain and suffering and other non-economic damages, you generally need to meet the state’s serious injury threshold by proving medical expenses over $2,500, or by sustaining a qualifying injury, such as a serious and permanent disfigurement or disability lasting 60+ days. Additionally, property damage falls outside of PIP coverage. Your UM/UIM may matter as well if the at-fault driver lacks adequate coverage to compensate for your losses.
Comparative fault law in North Dakota
If you are concerned that you might have partly contributed to your injuries, there’s good news. North Dakota law allows you to collect compensation even in cases where you are partly at fault for your injuries. However, the court will reduce your recovery based on your percentage of blame for the crash. You will only be prevented from collecting compensation if you are 50% or more at fault (N.D.C.C. § 32-03.2-02). In practice, this means if you’re 20% at fault, you can recover 80% of the compensation. If you’re 50% at fault or more, you collect nothing.
Deadlines and reporting requirements
All states put some time limit on your ability to file a personal injury claim. This is called the statute of limitations. In most North Dakota cases, you cannot recover unless you file within six years for personal injury or property damage claims (N.D.C.C. § 28-01-16(5)). In wrongful death cases, you must file within two years (N.D.C.C. § 28-01-18(4)).
You also should keep in mind that there are reporting requirements if the crash leads to injuries, death, or $4,000+ apparent damage (N.D.C.C. § 39-08-09).
Rear-end collision FAQs
Here are answers to a few common questions related to rear-end collisions in Fargo.
Is the rear driver always at fault in a rear-end collision?
There is a general presumption that the rear driver is at fault for following too closely. While it’s true that the rear-end driver is often at fault, there may be some situations where fault may be shared or disputed, such as if the front driver cuts off the rear driver or if it’s a multiple vehicle or chain reaction crash. Your car accident lawyer can help you understand how this might impact your case.
What if the insurance company says my injuries aren’t serious?
Insurers often argue “minor impact” defenses in rear-end crashes. Your lawyer can help you combat such defenses with evidence like your medical records and expert opinions. It is important to speak to an attorney sooner rather than later to start gathering this type of evidence.
What happens if my medical bills exceed my PIP coverage?
In such cases, you may have the ability to pursue excess economic damages from the at-fault driver. You may also be able to collect UM/UIM coverage from your own policy. It’s important to identify all available insurance coverage early on.
Can I recover compensation if a rear-end crash worsened a pre-existing condition?
North Dakota law does permit you to recover damages for the aggravation of pre-existing injuries, so you may be able to collect for these losses. Insurers may try to argue your injuries are unrelated, but with careful documentation and evidence, you can potentially build a strong claim for aggravation of injuries.
Do I need a lawyer if the other driver’s insurance company admits fault?
If the other insurer admits fault, that’s great, but it doesn’t mean they will agree to fair compensation. If they say their insured was to blame, but that your injuries are only worth recovering $2,000 when you have $40,000 in damages, you’ll still need legal representation to fight for a fair outcome.
What should I do after a rear-end collision to protect my claim?
Some actions to take right away include:
- Seeking prompt medical evaluation
- Following prescribed treatment plans
- Reporting the crash when legally required
- Avoiding recorded statements without legal guidance
- Preserving evidence and documentation
The sooner you seek advice from an attorney, the better your position will be when it comes to pursuing damages for your injuries.
Work with an experienced Fargo car accident attorney
Larson Law works to build cases that insurers can’t brush off. We know what it takes to prove fault in a rear-end crash case, but also how to demonstrate the true severity of your injuries. We are available for free consultations with prospective clients from our office located at 3220 South 18th Street, Suite 8C, Fargo, North Dakota 58104, as well as by phone and through video consultations.
Call us today or fill out our contact form to set up a time to talk. We’re ready to help.