NORTH DAKOTA GUIDE 17
North Dakota Comparative Fault & Crash Liability
North Dakota uses modified comparative fault. Under N.D.C.C. § 32-03.2-02, a claimant may recover only when the claimant’s fault is less than the combined fault of the other persons who contributed to the injury; any recovery is reduced in proportion to the claimant’s percentage of fault.
- Identify all potentially responsible drivers, owners, employers, public entities and other actors.
- Preserve vehicle data, photographs, video, witness accounts and roadway evidence before fault is allocated.
- Separate causation from percentage allocation; both can determine whether recovery is reduced or barred.
- Remember that a claimant at 50% fault is barred under the statutory language because that fault is as great as the combined fault of others.
Primary North Dakota Source
N.D.C.C. Chapter 32-03.2 — Fault, Damages, and Payments
Current-law review: September 16, 2026. Apply the statute together with current North Dakota appellate authority to the facts of the crash.
VictimsGuide 