North Dakota
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, carrying up to five years in prison and a $10,000 fine, when a driver negligently fails to stop and remain at the scene of a crash involving serious personal injury.
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 (any failure to stop and remain): Class A misdemeanor
- Serious injury (negligently failing to stop and remain): Class C felony, up to 5 years, $10,000 fine
- Death (negligently failing to stop and remain): Class B felony
- Separate DUI offense: causing a death while driving under the influence is a Class A felony (criminal vehicular homicide), whether or not the driver stops
- Immediate police notice threshold: apparent property damage of at least $4,000, 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, you must stop immediately and either locate and notify the operator or owner, or leave a written notice in a conspicuous place in the struck vehicle giving:
- The name and address of the driver and of the owner of the striking vehicle
- The name of the motor vehicle insurance carrier of the driver and owner
- A statement of the circumstances of the collision
Failure to do so is a Class A misdemeanor, punishable by up to 360 days in jail and a $3,000 fine.
Damage to highway fixtures or other property is covered separately by Section 39-08-08, which requires you to take reasonable steps to locate and notify the owner or person in charge and give your name, address, vehicle registration number, and insurance carrier and policy number.
Injury
Under Section 39-08-04, any failure to stop and remain at the scene of a crash involving personal injury until you have fulfilled your duties is a Class A misdemeanor. No showing of negligence is required for this charge.
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
Negligently failing to stop and remain at the scene of a crash involving death is a Class B felony. The statute punishes negligent failure to comply with the duty to stop, not negligence in causing the crash.
DUI Vehicular Homicide (Section 39-08-01.2)
This is a separate DUI offense, not a hit-and-run offense: it applies whether or not the driver stops at the scene. 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
- A mandatory minimum of three years' imprisonment, or ten years with a prior conviction under Section 39-08-01 or 39-08-03
Criminal Vehicular Injury: Causing substantial or serious bodily injury while driving under the influence is a Class B felony. The court must impose at least one year and one day of imprisonment, or at least two years with a prior conviction under Section 39-08-01 or 39-08-03. These sentences may not be suspended unless the court finds manifest injustice would result.
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
- Injury (failure to stop and remain): Class A misdemeanor
- Serious injury (negligent failure to stop and remain): Class C felony, up to 5 years, $10,000 fine
- Death (negligent failure to stop and remain): Class B felony
- Separate DUI offense, causing death: Class A felony, up to 20 years, $20,000 fine
Note: For the separate DUI offenses in Section 39-08-01.2, the court shall impose minimum prison terms: at least three years for criminal vehicular homicide (ten with a prior DUI or reckless driving conviction) and at least one year and one day for criminal vehicular injury (two with a prior).
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 police immediately if anyone is hurt or if apparent property damage is at least $4,000
- 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
Under Section 39-08-09, you must give notice of any accident that results in:
- Death or injury
- Property damage to an apparent extent of at least $4,000
Notice must be given immediately to the local police department if the accident occurs within a municipality, otherwise to the county sheriff or the state highway patrol. A driver who violates this section is assessed a $50 fine. Note: You do not need to report a crash with an undomesticated animal that damages only your own vehicle.
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. That claim is made under your own policy, so let a North Dakota car accident lawyer size up your injuries and losses in a free claim review (attorney advertising).
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 written notice in a conspicuous place in the vehicle with the name and address of the driver and owner, the insurance carrier, and a statement of the circumstances. If apparent damage is at least $4,000, also notify police immediately.
Q: Can I lose my license for a hit and run in North Dakota?
A: Yes. Under Section 39-08-04, the director shall revoke the license of anyone convicted of leaving the scene of an injury or fatal crash. The director may also suspend the license of a driver who fails to give information, render aid, or report under Sections 39-08-06 through 39-08-09 until those duties are fulfilled.
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.
Related North Dakota Laws
- North Dakota Recording Laws
- North Dakota Car Seat Laws
- North Dakota Lemon Law
- North Dakota Statute of Limitations
- North Dakota Whistleblower Laws
More North Dakota Laws
Updates
Corrected the property-damage reporting threshold to $4,000 and the immediate-notice rule, clarified that the hit-and-run felonies punish negligently failing to stop, separated DUI vehicular homicide from hit-and-run, and fixed the DUI injury felony class, mandatory minimums, license revocation, and unattended-vehicle note requirements under N.D. Cent. Code ch. 39-08.
Restored 'serious' to the Class C felony injury trigger under N.D.C.C. 39-08-04: the felony tier requires negligent conduct causing SERIOUS personal injury; ordinary negligent injury remains a Class A misdemeanor.
Governing law re-checked for recent changes
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
North Dakota Century Code
§ 39-08-04Accidents involving death or personal injuries - PenaltyIn forcecited in 2 of our articles
The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop or return with the vehicle as close as possible to the scene of the accident and in every event shall remain at the scene of the accident until that driver has fulfilled the requirements of section 39-08-06. Every stop required by this section must be made without obstructing traffic more than is necessary. Any person failing to comply with the requirements of this section under circumstances involving personal injury is guilty of a class A misdemeanor. Any person negligently failing to comply with the requirements of this section under circumstances involving serious personal injury is guilty of a class C felony. Any person negligently failing to comply with the requirements of this section under circumstances involving death is guilty of a class B felony. The director shall revoke the license or permit to drive or nonresident operating privilege of a person convicted under this section.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at ndlegis.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- State v. Jacob (North Dakota Supreme Court 2006, 724 N.W.2d 118)“…at ¶ 17. [¶ 7] The jury found Jacob guilty under N.D.C.C. § 39-08-04, which provides in part: 1. The…”
- State v. Winkler (North Dakota Supreme Court 1996, 552 N.W.2d 347)“…or personal injuries, a class A misdemeanor in violation of N.D.C.C. § 39-08-04. Both convictions were entered on a con…”
- State v. Steen (North Dakota Supreme Court 2000, 615 N.W.2d 555)“…ene of an accident involving death or personal injury under N.D.C.C. § 39-08-04. The jury found Steen guilty of all cou…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: North Dakota Manslaughter and Vehicular Homicide Laws (2026)
§ 39-08-05Crashes involving damage to vehicle - PenaltyIn force
The driver of any vehicle involved in a crash resulting only in property damage to the driver's vehicle or any other vehicle shall immediately stop the vehicle at the scene of the crash or as close to the scene of the crash as possible but shall return to and remain at the scene of the crash until the driver has fulfilled the requirements of section 39-08-06 and 39-08-09. Every such stop must be made without obstructing traffic more than is necessary. Any person failing to stop or comply with the requirements in this section is guilty of a class B misdemeanor.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
§ 39-08-06Duty to give information and render aidIn force
The driver of any vehicle involved in an accident resulting in injury to or the death of any person or damage to any vehicle which is driven or attended by any person shall give the driver's name and address, and the name of the motor vehicle insurance policy carrier of the driver and owner, as well as the registration number, of the vehicle. Upon request, and if available, the driver of any vehicle involved in the accident shall exhibit the driver's operator's or chauffeur's license to the person struck or the driver or occupant of or person attending any other vehicle involved in the accident and shall render to any person injured in the accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of the person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if the carrying is requested by the injured person.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2007
Opinions citing this section in our collection:
- State v. Steen (North Dakota Supreme Court 2000, 615 N.W.2d 555)“…requirements of section 39-08-06.” Those requirements under N.D.C.C. § 39-08-06 include that the driver “shall give the…”
- State v. Streeper (North Dakota Supreme Court 2007, 727 N.W.2d 759)“…r failing to render aid to another. See, e.g., N.D.C.C. § 39-08-06 (duty of driver to give information and…”
- State v. Halvorson (North Dakota Supreme Court 2007, 2007 ND 21)“…for failing to render aid to another. See, e.g. , N.D.C.C. § 39-08-06 (duty of driver to give information and…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 39-08-07Duty upon striking unattended vehicle - PenaltyIn force
The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of the vehicle of the name and address, as well as the name of the motor vehicle insurance policy carrier, of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address, as well as the name of the motor vehicle insurance policy carrier, of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances of the collision. Any person violating this section is guilty of a class A misdemeanor.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2011
Opinions citing this section in our collection:
- State v. Trevino (North Dakota Supreme Court 2011, 807 N.W.2d 211)“…31] In Olson, 356 N.W.2d at 112 , this Court held that N.D.C.C. § 39-08-07, which governs a driver’s duty to stop…”
- Anderson v. M.C.H. (North Dakota Supreme Court 2001, 637 N.W.2d 678)“…ne of an accident involving property damage in violation of N.D.C.C. § 39-08-07, and operating a motor vehicle without…”
- Cach LLC v. Steele (North Dakota Supreme Court 2011, 2011 ND 222)“…In Olson , 356 N.W.2d at 112 , this Court held that N.D.C.C. § 39-08-07, which governs a driver’s duty to stop…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 39-08-09Immediate notice of accident - PenaltyIn force
The driver of a vehicle involved in an accident resulting in injury to or death of any individual, or property damage to an apparent extent of at least four thousand dollars, shall immediately give notice of the accident to the local police department if the accident occurs within a municipality, otherwise to the office of the county sheriff or the state highway patrol. A driver who violates this section must be assessed a fine of fifty dollars. The name of the motor vehicle insurance policy carrier and the policy number of the driver, or if the driver is not the owner of the vehicle, then the motor vehicle insurance policy carrier and the policy number of the owner of the vehicle, must be furnished to the law enforcement officer investigating the accident. If the driver does not have the required information concerning insurance to furnish to the investigating law enforcement officer, then within five days of the accident the driver shall supply that information to the driver's license division in the form the division requires.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2005
Opinions citing this section in our collection:
- United States v. Duong (District Court, D. North Dakota 2004, 336 F. Supp. 2d 967)“…o to determine whether any accidents had been reported. See N.D. Cent.Code § 39-08-09 (requiring drivers to report accidents…”
- United States v. Kimhong Thi Le (District Court, D. North Dakota 2005, 402 F. Supp. 2d 1068)“…llars worth of damage be reported to state authorities. See N.D. Cent.Code § 39-08-09. A brief inspection of the vehicle reve…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 39-08-08Duty upon striking highway fixtures or other propertyIn force
The driver of any vehicle involved in a crash resulting only in damage to highway fixtures or other property shall take reasonable steps to locate and notify the owner or person in charge of the property of the damage. The driver shall provide the driver's name, address, and registration number of the vehicle the driver is driving and shall upon request and if available exhibit the driver's, operator's, or chauffeur's license. The driver shall make report of the crash when and as required in section 39-08-09. The driver shall provide the name of the motor vehicle insurance policy carrier and the policy number of the driver, or if the driver is not the owner of the vehicle, then the motor vehicle insurance policy carrier and the policy number of the owner of the vehicle, to the owner or person in charge of the damaged property or to the law enforcement officer investigating the crash.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
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