North Dakota Tire Blowout Truck Accident Settlements

Average settlement ranges, North Dakota fault laws, and what to expect after a tire blowout accident on I-94, I-29, US-2.

Last Updated:April 2026

Sources:FMCSA, NHTSA, North Dakota Court Records

Data:Verified against 49 CFR Part 390–399

Reviewed by:Licensed Attorney

⚠️ North Dakota has a 6-year statute of limitations on truck accident claims. Acting quickly protects your right to compensation.

Quick Facts: North Dakota Truck Accidents

FAULT RULE

Modified Comparative Fault (50% Bar)

TIME TO FILE

6 Years

FED. MIN. INSURANCE

$750,000

TYPICAL MODERATE SETTLEMENT

$263K–$506K

How Much Is a Tire Blowout Truck Accident Settlement in North Dakota?

In North Dakota, tire blowout truck accident settlements typically range from $53K to $2.0M. The average settlement is approximately $263K–$506K, though severe cases involving surgery or permanent disability can exceed $2.0M. North Dakota's Modified Comparative Fault (50% Bar) directly affects your final compensation amount.

North Dakota Tire Blowout Settlement Ranges by Injury Severity

Severity Level	Typical Settlement Range
Minor (soft tissue only)	$15,000 – $75,000
Moderate (fractures, stitches)	$75,000 – $350,000
Severe (surgery required)	$350,000 – $1,200,000
Catastrophic (permanent disability)	$1,200,000 – $5,000,000+
Wrongful Death	$500,000 – $5,000,000+

What Factors Determine a Truck Accident Settlement in North Dakota?

→Injury severity and type of medical treatment required
→North Dakota's Modified Comparative Fault (50% Bar) and your assigned fault percentage
→Economic damages: medical bills, lost wages, property damage
→Non-economic damages: pain and suffering, emotional distress
→Trucking company insurance policy limits (min. $750K federal)
→Evidence of FMCSA violations (49 CFR Part 390–399)

What Is a Tire Blowout Truck Accident?

A tire blowout on a commercial truck — especially a steer or drive axle tire — can cause sudden loss of directional control, trailer sway, or truck rollover. Beyond the loss-of-control risk, tire debris (retread "alligators") poses severe hazards to surrounding vehicles, capable of penetrating windshields and causing fatal secondary crashes.

Common Causes

→Underinflated tires exceeding DOT pressure limits
→Overloaded axles exceeding weight ratings
→Worn treads below legal minimum depth (FMCSA § 393.75)
→Tire defects or manufacturing flaws (product liability claim)
→Road hazard damage left unrepaired
→Excessive heat buildup from insufficient inflation on long hauls

Common Injuries

→Penetrating injuries from tire debris
→Crash injuries from resulting loss-of-control collision
→Traumatic brain injury and spinal injuries
→Burns from fire following a crash
→Wrongful death

Key Evidence & Liability Factors

▸Pre-trip and post-trip tire inspection logs
▸Tire purchase and maintenance records
▸DVIR (Driver Vehicle Inspection Report) records
▸Tire manufacturer records (potential product liability)
▸Scale tickets showing axle weight compliance

FMCSA note: FMCSA 49 CFR § 393.75 sets minimum tread depth (4/32" on steer tires, 2/32" on others) and prohibits use of tires with fabric exposure. Evidence of pre-existing tire degradation in inspection records is often the most powerful evidence in blowout cases.

North Dakota Fault Laws and How They Affect Your Settlement

North Dakota uses the 50% bar rule. This is governed by North Dakota Century Code § 32-03.2-02 (modified comparative fault, 50% bar).

North Dakota Fault Rule: Modified Comparative Fault (50% Bar)

Under N.D. Cent. Code § 32-03.2-02, if you are assigned 49% or less of the fault, your damages are reduced proportionally. If you are assigned 50% or more, you recover nothing.

Example: Your damages are $600,000 and you are 30% at fault. Recovery: $600,000 × 0.70 = $420,000.

Major North Dakota freight corridors: I-94, I-29, US-2, US-83, US-85 — these interstates carry the highest commercial truck traffic volume in the state and account for a disproportionate share of large truck crashes.

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Frequently Asked Questions

In North Dakota, tire blowout truck accident settlements typically range from $263K to $2.0M. North Dakota follows modified comparative fault (50% bar rule), which means North Dakota uses the 50% bar rule. The best way to estimate your specific case is to use our free calculator or consult a licensed North Dakota truck accident attorney.

The average tire blowout truck accident settlement in North Dakota is approximately $263K–$506K for moderate injuries. Severe injuries with surgery or permanent disability can exceed $2.0M. Catastrophic and wrongful death cases routinely exceed $3 million in North Dakota.

In North Dakota, you have 6 years from the date of your accident to file. Missing this deadline typically bars you from recovery. Consult an attorney as soon as possible — the truck's black box data is often overwritten within 30 days.

North Dakota uses modified comparative fault (50% bar rule). North Dakota uses the 50% bar rule. For example, if you are found 20% at fault, your settlement is reduced by 20%.

Liability in commercial truck accidents often extends beyond the driver. Potentially liable parties include: the trucking company (respondeat superior, negligent hiring/training/retention); the cargo shipper or loader (if improper loading contributed); the truck or equipment manufacturer (product liability); a maintenance contractor; and in some cases, a broker who arranged the shipment. An experienced North Dakota truck accident attorney will investigate all potentially liable parties to maximize your recovery.

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