Texting and distracted driving laws in North Dakota

If another driver was looking at a phone when they hit you, North Dakota law gives that fact real weight. The state bans texting behind the wheel outright, and a separate statute lets an officer cite any driver who gets distracted and loses control. What follows is what the North Dakota rules actually say, what they pointedly leave out, and how both shape a claim after a crash on I-94, US-2, or a county road.

The texting ban, word for word

North Dakota's core rule is short. Under N.D.C.C. § 39-08-23, "the operator of a motor vehicle that is part of traffic may not use a wireless communications device to compose, read, or send an electronic message."¹ The fine is $100.²

"Electronic message" is defined broadly: email, a text, an instant message, or a command or request to open a web page all count.¹ "Traffic" is written to include a temporary stop, so you are still covered sitting at a red light or a stop sign. The only vehicle the law leaves out is one that is lawfully parked.¹ There is a narrow exception for using a phone to get emergency help, report a crash or serious hazard, or head off a crime when someone's safety is in immediate danger.¹

This ban applies to every driver, any age, and an officer can stop you for it on its own.

What North Dakota does not ban

Here is the part that surprises people: North Dakota is not a hands-free state. The definition of "electronic message" in § 39-08-23 specifically excludes a long list of uses. Dialing or answering a call, reading or entering a phone number, using voice commands to place a call, entering a destination on a GPS or navigation screen, and "a wireless communications device used in a voice-activated, voice-operated, or any other hands-free manner" are all carved out.¹

In plain terms, an adult in North Dakota can legally hold a phone to their ear and talk while driving, and can tap in a map destination. What they cannot do is compose, read, or send text. The state has not enacted a broad hands-free law, so the line the statute draws is between messaging, which is banned, and talking or entering an address, which is not.¹ That distinction matters after a crash, because a driver who says "I was only on a call" may not have broken § 39-08-23 at all.

Tighter rules for teen drivers

Drivers under 18 face a stricter standard. Under N.D.C.C. § 39-08-24, a driver at least 16 and under 18 who holds a class D license "may not operate an electronic communication device to talk, compose, read, or send an electronic message" while the vehicle is in motion, outside of an emergency.³ The word "talk" is the difference. A 16- or 17-year-old cannot legally make even a hands-free call, something an adult in the next lane can do.

Penalties turn on age. A 14- or 15-year-old on a learner or restricted permit faces a $20 fine and four points on their record; a 16- or 17-year-old faces a $20 fine with no points.²

The catch-all: failure to maintain control

Texting is not the only distraction North Dakota polices. Since 2017 the state has had a general distracted-driving statute, N.D.C.C. § 39-08-25, titled "failure to maintain control." It says an operator "may not fail to maintain control" of the vehicle, and it defines driving while distracted as being "engaged in an activity that is not necessary to the operation of the vehicle" and that "actually impairs, or would reasonably be expected to impair" safe operation.⁴ The fine is $100.²

That language is deliberately wide. Eating, grooming, turning around to deal with a passenger, or reaching for something on the floor can all qualify. Unlike the texting ban, though, failure to maintain control is a secondary charge. It attaches only when the driver also commits another traffic offense or is the operator in a reportable crash that causes property damage.⁴ So the distracted driver who rear-ends you can be cited for it precisely because a crash happened.

How often it happens here

North Dakota logged 936 distracted-driving-related crashes in 2024, according to the state's Vision Zero program, and because distraction is hard to confirm at a scene the real figure is almost certainly higher.⁵ The state runs stepped-up distracted-driving enforcement in the spring and again in September, so citations tend to cluster around those months.⁵

What the law means for your injury claim

North Dakota is a no-fault state, so a distracted-driving claim works differently than you might expect. Under the Auto Accident Reparations Act (N.D.C.C. ch. 26.1-41), your own policy's basic no-fault benefits, up to $30,000 per person, pay your medical bills and lost wages first, no matter who was texting, and the insurer has to pay within 30 days of reasonable proof of loss.⁶

To step outside no-fault and sue the at-fault driver for pain and suffering, your injury has to clear the state's serious-injury threshold: death, dismemberment, permanent disfigurement, a disability lasting more than 60 days, or medical expenses over $2,500.⁶ Many genuine injuries pass that $2,500 mark quickly; minor ones may not.

Once you can sue, a texting citation or the other driver's phone records become strong evidence of negligence. North Dakota then applies modified comparative fault with a 50 percent bar under N.D.C.C. § 32-03.2-02: if the jury puts you at 50 percent or more of the blame, your recovery is zero, and anything below that reduces your award by your share.⁷ Egregious phone use can also open the door to exemplary damages, which § 32-03.2-11 allows for oppression, fraud, or actual malice, though ordinary distraction usually falls short of that bar.⁸

Timing is the part people underestimate. North Dakota gives you six years to file a personal injury suit (N.D.C.C. § 28-01-16), longer than most states allow.⁹ Even so, the phone logs and witness memories that prove distraction fade fast, so early work matters.

If the wreck was reportable, meaning it caused injury, death, or at least $4,000 in property damage, an official crash report exists, and it often flags distraction as a contributing factor.¹⁰ You can order that report from NDDOT for $7.¹¹ If the collision left your car worth less even after a solid repair, that loss is a separate claim from your injuries; see how diminished value works in North Dakota. And if the other driver was on a phone and you are weighing what to do, a North Dakota injury attorney can pull the phone records and read the crash report with you.

The short version: texting is illegal for everyone and stands on its own, hands-free talking is legal for adults but not for teens, and a distracted driver who causes a crash can be cited and held responsible for the harm.

This is general information, not legal advice.

Sources

1. N.D.C.C. § 39-08-23, use of a wireless communications device prohibited. https://ndlegis.gov/cencode/t39c08.pdf

2. North Dakota Department of Transportation, Traffic Safety Laws. https://www.dot.nd.gov/travel-and-safety/safety/traffic-safety-laws

3. N.D.C.C. § 39-08-24, use of an electronic communication device by minor prohibited. https://ndlegis.gov/cencode/t39c08.pdf

4. N.D.C.C. § 39-08-25, failure to maintain control. https://ndlegis.gov/cencode/t39c08.pdf

5. NDDOT Vision Zero North Dakota, Distracted Driving. https://visionzero.nd.gov/strategies/DistractedDriving/

6. N.D.C.C. ch. 26.1-41, Auto Accident Reparations Act (basic no-fault benefits and serious-injury threshold). https://ndlegis.gov/cencode/t26-1c41.pdf

7. N.D.C.C. § 32-03.2-02, modified comparative fault. https://ndlegis.gov/cencode/t32c03-2.pdf

8. N.D.C.C. § 32-03.2-11, exemplary damages. https://ndlegis.gov/cencode/t32c03-2.pdf

9. N.D.C.C. § 28-01-16, six-year limitation for personal injury actions. https://ndlegis.gov/cencode/t28c01.pdf

10. N.D.C.C. § 39-08-09, immediate notice of accident and the $4,000 property-damage reporting threshold. https://ndlegis.gov/cencode/t39c08.pdf

11. North Dakota Department of Transportation, Purchase a Crash Report. https://www.dot.nd.gov/travel-and-safety/safety/purchase-crash-report