Car accidents are not uncommon on American roads. And while most car crashes are nothing more than minor fender-benders, some can leave the accident victim with significant property damage and life-altering injuries. If you are hurt in a car accident that is not your fault, you may pursue the negligent party for financial restitution.
Ca accident claims, however, are legal matters. Thus, to successfully litigate your case and receive the compensation you deserve, it is in your best interest that you acquaint yourself with important legal provisions. Specifically, it’s important that you understand how these two laws will impact the outcome of your claim.
1. The state’s negligence laws
North Dakota is a contributory negligence state. This does not necessarily bar you from recovering damages if you contributed to the accident in some form as long as your contribution is less than the defendant’s. In other words, you may not recover damages if it is established that you were 50 percent or more to blame for the accident.
Keep in mind that both the defendant and their insurance company will be looking out for possible ways to deny your claim. If they can prove that your fault was 50 percent or more, then you will recover nothing. This explains the importance of calling the police to the accident scene, taking witness statements and gathering as much evidence as possible before leaving.
2. The state’s statute of limitations period
Even if you have a strong car accident case, you need to appreciate that you cannot bring the claim at your convenience. You must act within the statute of limitations period. In North Dakota, the statute of limitations for a personal injury claim is six years from the date of the accident. Do not let the clock run out on this statute of limitations period.
Protecting your rights
A car accident can leave you angry, shaken and hurt. Understanding applicable statutes can help you safeguard your rights and interests while holding the reckless party to account.