How to Handle Car Accident Claims Involving Commercial Vehicles in North Dakota
Accidents are always stressful. But when a commercial vehicle is involved? Things can get complicated fast.
Whether it’s a delivery truck, a contractor’s van, or a company car, being in an accident with a commercial vehicle often raises questions most people aren’t ready for. Who’s responsible? Is it the driver or the company? What about the vehicle’s maintenance crew? And what happens if you’re left with medical bills and missed work?
These cases involve more than just calling your insurance company and waiting for a check. They involve multiple parties, big insurance policies, and legal rules that are different from the usual fender-bender.
Here’s what you need to know if you’re in North Dakota and find yourself facing one of these situations, including our recommendation to call a car accident lawyer right away.
What counts as a commercial vehicle?
Let’s start here. Not every big vehicle on the road is technically “commercial.” But many are.
Commercial vehicles can include:
- Delivery vans (like FedEx or Amazon trucks)
- Company cars
- Construction trucks
- Food delivery vehicles
- Utility service vehicles
- Even rental trucks in some situations
The key? These vehicles are being used for business, not personal, purposes.
And that matters because when a business is involved, so is their insurance. And sometimes? Their legal team too.
First steps to take after the accident
Right after the crash, your first priority should always be your health and safety. Call 911. Get medical attention, even if you think you’re okay. Adrenaline can mask pain.
Then, gather as much information as you can. Photos. Names. Contact info. License plates. Note the company name or any logos on the commercial vehicle. Were there witnesses? Get their statements if they’re willing.
And here’s something many people don’t think about: avoid giving a statement to the company’s insurance rep on the spot. Politely decline and say you’ll get back to them. Why? Because anything you say can be used to reduce or deny your claim later.
Remember, commercial insurance companies act quickly. But not always in your best interest.
Understanding liability in commercial vehicle accidents
Commercial vehicle accidents aren’t just about one driver hitting another. They often involve multiple layers of responsibility.
For example:
- The driver might have been distracted.
- The employer might have failed to train the driver properly.
- The vehicle maintenance company might have overlooked a serious mechanical issue.
North Dakota uses a modified comparative fault rule (N.D. Cent. Code § 32-03.2-02). That means if you’re found to be partially at fault, your compensation could be reduced by your percentage of the blame. If you’re 50% or more at fault, you may not recover damages at all.
So, identifying who is at fault and to what degree is critical. That’s why these cases often require deeper investigation than your average car accident.
Why these claims are more complex than regular accidents
Here’s where it gets tricky. Commercial vehicle cases often involve:
- Multiple parties: the driver, their employer, a third-party contractor, and maybe even the vehicle manufacturer.
- Large insurance policies: businesses usually carry high-limit policies, which means higher potential payouts, but also more resistance from insurers.
- Strict regulations: Federal and state laws regulate commercial driving, including how long drivers can be on the road and how vehicles must be maintained. These records can be key to proving fault.
For instance, under Federal Motor Carrier Safety Regulations (FMCSR), commercial drivers must log their hours to prevent fatigue. If a driver exceeded those limits? That might be proof of negligence.
Dealing with the insurance companies
Be careful here.
After an accident with a commercial vehicle, the company’s insurance provider may contact you quickly. They might seem helpful. They may offer you a settlement. Fast cash sounds tempting, especially if you’re dealing with hospital bills or can’t work.
But don’t sign anything. Not yet.
Why? Because the first offer is often far less than your case is worth. Once you accept, your case is usually closed. You can’t go back later if more injuries show up or if you realize the money wasn’t enough.
This is where a car accident lawyer comes in. Someone who knows how to calculate the full value of your damages. Someone who can speak for you, negotiate with the insurer, and protect your rights.
How a car accident lawyer can help
Let’s say you’re hit by a delivery truck while driving through Fargo. You’re injured. Your car is totaled. The company’s insurance calls you and wants a statement. What now?
Here’s how an experienced car accident lawyer can step in:
- Gather evidence: Accident reports, witness statements, dash cam footage, driver logs, and vehicle maintenance records.
- Build your case: Determine fault, identify liable parties, and build a timeline.
- Deal with the insurer: No more direct calls or pressure tactics. Your lawyer handles it.
- Fight for full compensation: Not just medical bills, but also lost income, property damage, and pain and suffering.
You’re not just hiring someone to fill out paperwork. You’re hiring someone to advocate for your best outcome.
Common mistakes to avoid
Too often, people unknowingly hurt their own case. Avoid these missteps:
- Waiting too long to file a claim
- Waiting too long to seek medical care (or skipping it altogether)
- Underestimating the seriousness of injuries
- Giving a recorded statement to the company’s insurer without counsel
- Posting about the accident on social media
- Accepting a quick settlement without knowing the full cost of injuries
Also—don’t assume the company will “do the right thing.” They’re protecting their bottom line. You should protect yours.
What compensation could you be entitled to?
Every case is different. But generally, you may be able to recover:
- Medical bills (current and future)
- Lost wages or loss of future earnings
- Vehicle repair or replacement
- Pain and suffering
- Possibly punitive damages if actual malice, oppression or fraud was involved
Keep in mind, North Dakota law limits the time you have to file a claim. According to N.D. Cent. Code § 28-01-16, the statute of limitations for personal injury claims is six years. But the sooner you act, the stronger your case can be.
Protect your rights after a commercial vehicle accident
Commercial vehicle accidents in North Dakota aren’t just more dangerous—they’re more legally complex. You shouldn’t have to sort through insurance red tape, medical bills, and legal uncertainty alone.
If you’ve been injured in an accident involving a commercial vehicle, the attorneys at Larson Law Injury & Accident Lawyers are here to help. We work tirelessly to hold the responsible parties accountable and secure the compensation you deserve. Call our Minot car accident lawyers now or fill out our contact form to schedule a free consultation in Fargo, Minot, or Bismarck.

Mark Larson is a Certified Civil Trial Specialist and Certified Civil Pre-Trial Specialist focusing on personal injury, car accidents, wrongful death, and oil field claims. Since 1979, Larson Law has served the injured throughout North Dakota. Read more about Mark V. Larson.