Injury claims in Bismarck: what to know first
Bismarck is a community of roughly 71,167 people in Burleigh County, North Dakota. Like every town its size, it sees its share of car and truck crashes on local roads and nearby highways, falls in stores and apartment complexes, injuries on job sites and, too often, medical errors and fatal accidents. When those injuries are caused by someone else's carelessness, North Dakota law gives victims the right to seek compensation, and the process starts with knowing the rules that apply in Burleigh County.
Our role is simple: you describe what happened in Bismarck using the free claim review form, and your request may be shared with participating attorneys or legal services partners who handle that type of matter in North Dakota. Submitting a request does not hire an attorney, and everything below is general legal information to help you make a decision, not legal advice about your specific situation.
Injury claims in Bismarck: key facts
- Injury lawsuit deadline
- six years from the injury date (N.D.C.C. § 28-01-16(5))
- Medical malpractice deadline
- two years
- Fault rule
- modified comparative negligence (50% bar)
- Auto insurance system
- No-fault (PIP pays first)
- Minimum auto liability
- 25/50/25 (thousands: per person / per accident / property)
- Where lawsuits are filed
- Burleigh County District Court
- Tell your employer
- Immediately, and no later than seven days after the accident (N.D. Cent. Code § 65-05-01.2)
- Workers' comp claim
- one year — North Dakota Workforce Safety & Insurance
- Fatal crashes, 2020-2024
- 20 in Bismarck, 20 people killed (NHTSA FARS)
- Attorney fees
- Injury attorneys commonly work on contingency; confirm fee terms before hiring
Which roads in Bismarck have the most fatal crashes?
From 2020 through 2024, federal crash records list 20 fatal crashes inside Bismarck, in which 20 people died. No single road in Bismarck recorded more than one fatal crash in those five years.
Source: NHTSA Fatality Analysis Reporting System (FARS), 2020-2023 Final File and 2024 Annual Report File (ARF), national data files downloaded from NHTSA on November 3, 2026. A crash counts for a road under the trafficway the reporting agency recorded; the same street with and without a route number is one row, and a route recorded without a street name keeps its own row; roads with fewer than two fatal crashes are not listed. The 2024 figures are NHTSA's first release for that year and may change in its Final File.
How to cite these figures: Ask Legal Matters, "Fatal crashes in Bismarck, ND, 2020-2024," compiled from NHTSA FARS (2020-2023 Final File and 2024 Annual Report File (ARF)), https://asklegalmatters.com/injury-guides/north-dakota/bismarck/, checked November 3, 2026. Downloads and method: https://asklegalmatters.com/injury-guides/data/.
The yearly count was 4 in 2020, 4 in 2021, 4 in 2022, 2 in 2023 and 6 in 2024; 40% of the crashes happened after dark. 6 involved a pedestrian, cyclist or other person outside a vehicle, and 11 happened at or near an intersection.
Across Burleigh County, the same records show 33 fatal crashes and 33 people killed over those five years.
A high share of the fatal crashes in Bismarck involve pedestrians or cyclists. Those claims often turn on where the person was crossing or riding, the lighting and whether the driver should have seen them, so photos taken at the same time of day and any nearby camera footage matter.
Reporting the crash in North Dakota
In North Dakota, the driver must immediately notify law enforcement of a crash that injures or kills anyone or causes apparent property damage of at least $4,000: the local police inside a city, otherwise the county sheriff or the Highway Patrol (N.D. Cent. Code § 39-08-09). The investigating officer files the crash report; a driver who could not give insurance information to the officer must send it to the Driver's License Division within five days.
- Who must report
- The driver of a vehicle in a crash that injures or kills anyone or causes apparent property damage of at least $4,000 (a crash with a wild animal that damages only the driver's own vehicle is exempt)
- Report to
- The local police inside a city; otherwise the county sheriff's office or the North Dakota Highway Patrol
- Deadline
- Immediately
- Driver's form
- None for the crash itself: the investigating officer files the report; insurance information the officer did not get goes to the Driver's License Division within five days
- Copy of the crash report
- North Dakota Department of Transportation: purchase a crash report
Sources: North Dakota Century Code, chapter 39-08; NDDOT: purchase a crash report. Checked November 3, 2026. General information, not legal advice; local rules and police practice can add steps.
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Free claim review for injuries in Bismarck
Tell us where and when the accident happened, how you were injured, and whether you received treatment. Your request may be shared with independent attorneys and legal services partners who handle inquiries in North Dakota. Partner availability and case acceptance depend on the facts of your situation.
Click here for a free claim review — submit accident detailsAsk Legal Matters is a lead-generation service, not a law firm. Submitting a request does not hire an attorney. Review the contact consent and privacy policy on the form before submitting.
Types of injury claims in Bismarck
Different attorneys handle different claims, so identify the type of accident early. Bismarck shares its court and its North Dakota rules with the rest of Burleigh County; the detailed guides below, apply equally to accidents in Bismarck.
- Car Accident claimsCar Accidents
- Truck Accident claimsTruck Accidents
- Motorcycle Accident claimsMotorcycle Accidents
- Pedestrian Accident claimsPedestrian Accidents
- Slip and Fall claimsSlip & Fall
- Workplace Injury claimsWork Injuries & Workers' Comp
- Medical Malpractice claimsMedical Malpractice
- Wrongful Death claimsWrongful Death
North Dakota's six years statute of limitations
North Dakota generally gives an injured person six years from the date of injury to file a personal injury lawsuit (N.D.C.C. § 28-01-16(5)); medical malpractice is different (two years). Wrongful death claims follow their own deadline, which can differ from the one above. Claims against a city, county, school district or state agency follow separate and often much shorter deadlines. Once the deadline passes, the Burleigh County District Court will dismiss the case regardless of how clear the fault was, so the practical rule in Bismarck is to get legal advice early.
How fault works: modified comparative negligence (50% bar)
North Dakota follows modified comparative negligence (50% bar). In plain terms, you can recover only if you were less than 50% at fault, and your award is reduced by your share of fault. Insurance adjusters apply this rule from the first phone call, which is why the way an accident is described and documented in the days after it happens in Burleigh County has a direct effect on what a claim is worth.
North Dakota is a no-fault auto insurance state
After a car accident in Bismarck, your own personal injury protection (PIP) coverage pays initial medical bills and a portion of lost wages regardless of who caused the crash. A lawsuit against the at-fault driver for pain and suffering is available only when injuries meet North Dakota's serious-injury threshold or costs exceed PIP limits. Minimum required coverage in North Dakota is 25/50/25.
Where Bismarck injury cases are filed
Lawsuits arising from accidents in Bismarck are typically filed in the Burleigh County District Court, the trial court of general jurisdiction for Burleigh County, although cases can sometimes be filed where the defendant resides or does business, and claims against out-of-state trucking companies or manufacturers may end up in federal court. Most claims settle before trial, but the credible ability to try a case in Burleigh County is what moves insurers to pay fair value.
Workplace injuries: North Dakota Workforce Safety & Insurance
Employees injured on the job in Bismarck are generally covered by North Dakota workers' compensation, administered through the North Dakota Workforce Safety & Insurance. Report the injury to your employer immediately, and no later than seven days after the accident (N.D. Cent. Code § 65-05-01.2) — a late report can delay or put the claim at risk, and the exceptions vary by state — then file the formal claim within one year. Workers' compensation does not pay for pain and suffering, so when a third party such as a subcontractor, driver or equipment manufacturer caused the injury, a separate personal injury claim is often worth pursuing alongside it.
Frequently asked questions
Is there 2025 fatal crash data for Bismarck?
Not yet from the federal census of fatal crashes. The newest national file is NHTSA's 2024 Annual Report File, the first release for 2024, used here with the 2020-2023 Final Files; NHTSA had not published 2025 FARS data when this page was updated on November 3, 2026. FARS counts every crash on a public road in which someone died within 30 days, and a crash counts for Bismarck when the reporting agency coded it there. Some cities and states post newer counts on their own crash dashboards, which use their own definitions.
How long do I have to file a personal injury claim in Bismarck, ND?
Generally six years from the date of injury under North Dakota law (N.D.C.C. § 28-01-16(5)). Medical malpractice is different: generally two years. Exceptions apply, so confirm your deadline with an attorney.
What is my Bismarck injury case worth?
Value depends on medical expenses, lost income, the severity and permanence of injuries, how clearly fault can be proven under North Dakota's modified comparative negligence (50% bar) rule, and the insurance available. A free claim review request is a no-cost first step toward a realistic assessment from a participating attorney.
Do I need a lawyer for a minor accident in Burleigh County?
Not always, but getting a case reviewed costs nothing, and injured people who are represented often recover more net of fees than those who are not, especially once injuries require ongoing treatment.
Is Ask Legal Matters a law firm?
No. Ask Legal Matters is a lead-generation service, not a law firm. Requests may be shared with independent attorneys and legal services partners who handle inquiries in North Dakota, and submitting a request does not hire an attorney.
Where would my case be filed?
Most injury lawsuits from Bismarck are filed in the Burleigh County District Court; some cases belong in other venues or federal court. An attorney will determine the right court.
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Tell us where and when the accident happened, how you were injured, and whether you received treatment. Your request may be shared with independent attorneys and legal services partners who handle inquiries in North Dakota. Partner availability and case acceptance depend on the facts of your situation.
Click here for a free claim review — submit accident detailsAsk Legal Matters is a lead-generation service, not a law firm. Submitting a request does not hire an attorney. Review the contact consent and privacy policy on the form before submitting.
More injury resources in North Dakota
- Mandan, ND: injury claims and local court
- Center, ND: injury claims and local court
- Washburn, ND: injury claims and local court
- Steele, ND: injury claims and local court
- Burleigh County injury guide and every community in the county
- North Dakota personal injury laws and local guides
- Browse all U.S. city injury guides