North Dakota Hit and Run Laws: Penalties and What to Do

Under N.D. Cent. Code sections 39-08-04 through 39-08-07, North Dakota classifies leaving the scene of an accident as a Class B misdemeanor for property damage and escalates to a Class C felony when a driver negligently causes serious injury, carrying up to five years in prison and a $10,000 fine.

Hurt in a hit-and-run? If the driver who hit you fled or had no insurance, your own uninsured/underinsured-motorist (UM/UIM) coverage may pay your injury claim. Estimate what it could be worth with our free North Dakota Car Accident Settlement Calculator.

Last verified: January 2026

Table of Contents

• Quick Summary
• North Dakota Hit and Run Statutes Explained
• When Hit and Run Is a Misdemeanor
• When Hit and Run Is a Felony
• Penalties for Leaving the Scene
• North Dakota Crash Statistics
• What to Do After an Accident
• How Fault Is Determined
• Statute of Limitations
• Possible Defenses
• Frequently Asked Questions

Quick Summary

• Property damage only: Class B misdemeanor, up to 30 days in jail, $1,500 fine
• Unattended vehicle (failure to leave note): Class A misdemeanor, up to 360 days, $3,000 fine
• Injury (non-negligent): Class A misdemeanor
• Serious injury caused by negligence: Class C felony, up to 5 years, $10,000 fine
• Death caused by DUI: Class A felony, up to 20 years, $20,000 fine
• Reportable accident threshold: $1,000 in property damage, or any injury or death
• North Dakota is a no-fault insurance state

North Dakota Hit and Run Statutes Explained

North Dakota's hit and run laws are found in North Dakota Century Code Chapter 39-08, specifically sections 39-08-04 through 39-08-07. These statutes establish what drivers must do after an accident and the penalties for failing to comply.

Section 39-08-06: Your Legal Duties After an Accident

If you are involved in an accident in North Dakota, state law requires you to:

• Stop immediately at the scene or as close as safely possible without obstructing traffic
• Provide information to the other party: your name, address, vehicle registration, and insurance details
• Show your driver's license if requested by the other party or a peace officer
• Render reasonable assistance to anyone who is injured, including arranging transportation to a medical facility if needed

An accident becomes a crime only when you fail to comply with these requirements. The resulting charges depend on whether the accident caused property damage, injury, or death, and whether negligence was involved.

When Hit and Run Is a Misdemeanor in North Dakota

Property Damage (Section 39-08-05)

Leaving the scene of an accident involving only property damage is a Class B misdemeanor, punishable by:

• Up to 30 days in jail
• Maximum fine of $1,500

Unattended Vehicle (Section 39-08-07)

If you hit an unattended vehicle or property, you must make a reasonable effort to locate and notify the owner. If you cannot find the owner, you must leave a written note in a conspicuous place on the struck vehicle containing your:

• Name and address
• Contact information
• Vehicle registration number
• Insurance information

Failure to leave a note or find the owner is a Class A misdemeanor, punishable by up to 360 days in jail and a $3,000 fine.

Injury Without Negligence

If the accident involves injury but negligence was not the cause, leaving the scene without fulfilling your duties is a Class A misdemeanor.

When Hit and Run Is a Felony in North Dakota

Negligent Hit and Run Involving Serious Injury (Section 39-08-04)

If you negligently fail to comply with your legal duties after an accident that causes serious injury, you face a Class C felony, punishable by:

• Up to 5 years in prison
• Maximum fine of $10,000

Negligent Hit and Run Involving Death

If the accident results in death and was caused by negligence, leaving the scene is a Class B felony.

DUI Vehicular Homicide (Section 39-08-01.2)

Under North Dakota's "Special Punishment for Causing Injury or Death While Operating a Vehicle While Under the Influence" statute:

Criminal Vehicular Homicide: If you operate a vehicle while under the influence (violating Section 39-08-01) and cause someone's death, including an unborn child, you commit criminal vehicular homicide, which is a Class A felony punishable by:

• Up to 20 years in prison
• Maximum fine of $20,000

Criminal Vehicular Injury: Causing substantial or serious bodily injury while driving under the influence is a Class C felony. If you have prior convictions, the court must impose at least two years of imprisonment that cannot be suspended.

Additionally, upon conviction, the state may seize, forfeit, and sell any motor vehicle involved in these offenses.

Penalties for Leaving the Scene in North Dakota

• Property damage: Class B misdemeanor, up to 30 days, $1,500 fine
• Unattended vehicle (no note): Class A misdemeanor, up to 360 days, $3,000 fine
• Minor injury (non-negligent): Class A misdemeanor
• Serious injury (negligent): Class C felony, up to 5 years, $10,000 fine
• Death (negligent): Class B felony
• DUI causing death: Class A felony, up to 20 years, $20,000 fine

Note: If you have prior DUI convictions, the court may impose a mandatory minimum sentence of up to two years that cannot be suspended.

North Dakota Crash Statistics

According to the North Dakota Vision Zero program:

• 2024: 89 traffic fatalities, the lowest in 24 years
• 2023: 106 fatalities (17 more than 2024)
• 2022: 98 fatalities
• Approximately 85% of crash deaths occur on rural roads
• The primary seat belt law (effective August 2024) contributed to the reduction in fatalities

North Dakota's decrease in traffic deaths is attributed to stronger seat belt enforcement, public awareness campaigns, and improved emergency response times.

What to Do After an Accident in North Dakota

To avoid hit and run charges and protect your legal interests:

• Stop immediately and check for injuries
• Call 911 if anyone is hurt or if property damage exceeds $1,000
• Exchange information with the other driver
• Do not admit fault or apologize, as this can be used against you
• Do not threaten or argue with the other party
• Collect evidence: photos, witness contact information, dashcam footage
• Seek medical attention before commenting on your health
• Report the accident to your insurance company
• Contact an attorney if the accident involves serious injury or death

Reportable Accidents

You must report any accident that results in:

• Death or injury
• Property damage exceeding $1,000

Report within 24 hours to law enforcement or the Department of Public Safety. Note: You do not need to report striking an undomesticated animal.

How Fault Is Determined in North Dakota

North Dakota is a no-fault insurance state. This means your own insurance company pays for certain expenses after an accident, regardless of who caused it. Your Personal Injury Protection (PIP) coverage handles medical bills and lost wages up to policy limits.

However, you may still pursue a claim against the at-fault driver for:

• Damages exceeding your PIP coverage
• Pain and suffering
• Permanent injuries

If a hit-and-run driver is never found, your uninsured motorist coverage may provide compensation.

Statute of Limitations

• Personal injury claims: 6 years from the date of the accident
• Property damage claims: 6 years
• Wrongful death claims: 2 years from the date of death

Possible Defenses to Hit and Run Charges

Your defense will depend on the specific facts of your case. Common defenses include:

• Fear for safety: You left because remaining at the scene would have put you at risk of harm
• Seeking help: Leaving was the fastest way to get emergency assistance for the victim
• Lack of knowledge: You were genuinely unaware your vehicle was involved in a collision
• No damage or injury: The collision did not actually cause any damage, injury, or death

Consult with an attorney immediately if you are facing charges. Do not discuss the details of your case with anyone except your lawyer.

Frequently Asked Questions

Q: What if I hit a parked car and the owner is nowhere to be found?

A: Leave a note with your contact and insurance information on the vehicle. If damage exceeds $1,000, also report the accident to police.

Q: Can I lose my license for a hit and run in North Dakota?

A: Yes. Convictions for hit and run offenses typically result in license suspension, especially for felony charges.

Q: Does North Dakota require uninsured motorist coverage?

A: Yes. All drivers must carry uninsured motorist coverage, which can help if you are the victim of a hit and run and the driver is never found.

Q: What if I returned to the scene after leaving?

A: Returning may help your case, but it does not automatically avoid charges. The critical factor is whether you left before fulfilling your legal duties.

Q: How do prosecutors prove I knew about the accident?

A: They must show you knew or had reason to know your vehicle was involved in a collision. Evidence may include witness testimony, vehicle damage, and surveillance footage.

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