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Although driving in Fargo is usually uneventful, there are still accidents that happen every day on both our highways and city streets. It is devastating to be injured in an accident, especially if the person responsible was carelessly texting when they caused the crash.
Texting while driving is illegal in North Dakota, but the reality is that drivers do it all the time. They also adjust their GPS systems, eat snacks, talk to their kids in the backseat, and engage in other distracting activities while driving.
It can be difficult, however, to prove that the driver was distracted. Insurance companies, in particular, like to ask, “Can you really prove that our insured driver was looking at their phone?”
Distracted driving cases are often more complicated than drunk driving cases, because you don’t have the clear evidence of a breathalyzer or failed alcohol screening. Typically, the other driver will deny being on their phone, even if you saw that they were using their phone with your own eyes! Insurance companies understand that most people don’t know how to acquire the evidence from another driver’s phone to prove that they were, in fact, using their device at the time of the accident.
At Lowe Law Group in Fargo, our texting and driving accident lawyers in Fargo know how to obtain that proof. We know how to file legal claims for an at-fault driver’s records. We file subpoenas, analyze data logs, and work with forensic experts who can identify the specific ways in which distracted driving led to the crash that caused your injuries.
Every driver in Fargo is endangered by people who choose to engage in distracting activities while driving. Unfortunately, distracted driving is a bit of an epidemic. While driving around Fargo, you’re bound to see drivers checking their texts at stoplights, adjusting their GPS apps while changing lanes, and scrolling through their playlists while making their way across town.
Split-second distractions like these can cause life-changing crashes.
Some of the most common types of distracted driving include:
Consider this reality: Three seconds of distraction while driving at 55 mph is the equivalent of driving the length of a football field, completely oblivious to the road around you. By the time the driver looks up from their device, it is often too late to brake, swerve, or prevent a catastrophic crash.
Without the chance to slow down, drivers in these crashes often cause severe injuries. They texted a friend, and your body pays the price.
A significant challenge in distracted driving cases is collecting the evidence that is required to prove that someone was using their phone at the time of the crash.
If a surveillance video or dashcam doesn’t clearly capture the driver looking at their phone in the moments leading up to the collision, you may need to subpoena the individual’s phone records. This isn’t easy, especially for the average person who is trying to recover from their injuries.
Even if you saw what happened with your own eyes, the insurance company will try to question what you saw. Are you really sure? There are four central problems that you have to face while gathering evidence in these kinds of cases.
When the accident first occurs, both drivers share their version of events with the authorities and their insurance companies. In those first minutes, hours, and days, the at-fault driver is probably going to try to control the narrative and deny any wrongdoing. After all, they know that if anyone finds out that they were texting and driving, they are probably going to have to compensate you for your injuries and losses!
The other driver’s insurance company is likely to accept their version of events as it serves their interests to do so. If there is no admission of phone use, then there is no clear liability. And no clear liability means that they can justify their denial of your claim or try to force you into a lower settlement than you deserve.
The best way to gain control of this narrative and prove what really happened is to work with an experienced Fargo distracted driving attorney, quickly. The responsible driver is likely clearing their texts, deleting their browser history, and coordinating their story, but a lawyer can gather information about the accident and, if necessary, subpoena their phone records.
Eyewitnesses are incredibly important to a legal case, but their testimony has its limits.
Even if they saw the crash, they may not have been able to see what the other driver was doing at the time of the crash. Even if they saw the driver looking down and then looking back up again when it was too late to stop, that is circumstantial evidence that can be dismissed by an insurer or judge. After all, they could have been looking down for legitimate reasons, like checking the speedometer or mirrors.
Your distracted driving claim lawyer in Fargo will interview eyewitnesses but won’t depend entirely on their statement to prove what happened.
If a police officer knows for sure that the driver was texting and driving, that will probably get included in the police report. The driver may even be issued a citation based on North Dakota’s distracted driving law.
However, it’s common for police documents to be simple and straightforward, with notes like “inattention” or “failure to yield” instead of “driver was texting.”
Insurers will take advantage of these generic descriptions as a way of avoiding responsibility.
Your smartphone records everything you do, but those records are protected by law. If another driver was using their phone at the time of your accident, their phone records will likely prove it, thanks to detailed records of every call, text, app use, and screen interaction. However, their records are just as protected as yours.
A distracted driving car accident lawyer in Fargo can access those records, but you first need to file a lawsuit. That gives us subpoena power so that we can serve legal process and navigate carrier-specific procedures.
Most people need to focus on healing from their injuries. Having the resources, knowledge, time, and energy to pursue this process on your own is a huge challenge.
Most injured people don’t have the resources to pursue this process on their own. Even though some personal injury lawyers will skip this step because it takes some time and money, Lowe Law Group’s personal injury attorneys are always ready to do the work to find out what happened.
Insurance companies are counting on the fact that this evidence often stays hidden, but it doesn’t have to be that way.
The attorneys at Lowe Law Group care deeply about getting to the truth of what happened. The best way to protect your rights is to understand exactly what happened and who was responsible.
When you work with an attorney from Lowe Law Group, you have someone on your side who will:
We know what data to request, as well as how to interpret it when it arrives.
The injuries from a distracted driving accident are comparable to injuries in other car accidents. Because distracted drivers often fail to brake, these crashes can occur at a high rate of speed even if you’re in a residential area.
Our distracted driving injury attorneys in Fargo understand the scope of these crashes and the harm they can cause to your body, income, and well-being.
Initial injuries from the accident include:
Secondary complications often develop, including:
It’s important to know that some injuries don’t show symptoms immediately after the accident. In the first hours, your adrenaline is pumping and may mask your injuries. Sometimes, conditions don’t show up until days or weeks later.
That makes it important to seek medical care and evaluation after any accident, even if you initially feel fine.
North Dakota solidified its distracted driving laws in 2017, when ND Century Code § 39-08-23 specifically prohibited texting while driving. According to the statute, it is illegal for any driver to read, compose, or send an electronic message while operating a motor vehicle.
If you can prove that a driver violated this specific law, that’s a really strong piece of evidence in your case that they were negligent. A distracted driving accident attorney will know how to use the anti-texting law to build the strongest case possible.
North Dakota is a modified comparative fault state. That means that you can sue for damages, even if you were partially responsible for the accident. However, your compensation amount will be reduced by the same percentage as your share of the responsibility.
In practice, what does that look like? Well, let’s say that you were 30% responsible for the accident. Perhaps the other driver was texting, but you were speeding or failed to follow traffic signs. The insurance company or court may decide that your actions played a part in the crash, and so your court award or settlement should be reduced by 30%.
Importantly, you cannot sue for damages in North Dakota if you were more than 50% responsible for the accident.
These laws mean that insurers will try to inflate your share of the responsibility to reduce their compensation burden. When you have an attorney representing you, they can prove what really happened and who was responsible.
Accident victims deserve to be supported as they recover from their injuries. Unfortunately, it is difficult to provide a precise amount that you can expect without knowing the specific details of your accident, injuries, and prognosis.
The value of your case is dependent upon things like these:
If someone is facing lifelong disability from their accident, they are likely owed a larger compensation figure than someone who will recover after a few months of treatment.
However, even minor injuries add up quickly, when you consider the expense of medical bills and missed work.
When you schedule a free consultation with Lowe Law Group, we’ll take the time to learn about your case. We’ll also explain what factors could impact your potential compensation total. We’ll also walk you through the many different types of compensation you may receive, including both financial and non-economic damages.
Economic damages include:
Non-economic losses include:
Working with us means having a team that treats your case with both strategic precision and genuine care. Here’s what happens at each stage:
We start by listening. Tell us about the crash, what you noticed about the other driver’s behavior, the injuries you’re dealing with, and how this has disrupted your daily life. We’ll ask detailed questions because understanding your complete experience helps us build the strongest possible case.
After hearing your story, we’ll walk you through what a distracted driving claim involves. We’ll be honest about whether obtaining the at-fault driver’s phone records seems feasible and give you a realistic timeline for your case. By the end of our conversation, you’ll understand the path forward clearly. There’s zero obligation to hire us, and we won’t pressure you to make an immediate decision.
This consultation costs you nothing.
The moment you sign with us, our team mobilizes across multiple fronts:
Cell carriers typically take weeks or even months to comply with record requests. We don’t sit idle during this waiting period.
Accident reconstruction specialists analyze how the collision unfolded. Dr. Georgi completes detailed medical reports covering your current condition, ongoing treatment needs, and long-term prognosis. We also gather employment records documenting your lost wages and diminished earning capacity.
Once phone records arrive, we scrutinize every entry, including call durations, message send times, app launches, and data transmissions. We’re hunting for activity that aligns with when your crash occurred. A text sent at 2:14 PM when the collision happened at 2:14 PM tells an undeniable story.
All of this evidence gets assembled into a comprehensive demand that lays out your case with clarity and force. We’re not asking the insurance company for a favor. We’re showing them exactly what a jury will see if they refuse to settle fairly..
Remember: our fees come from your recovery, not from your bank account. If we don’t win, you don’t pay.
Nothing upfront. We work on contingency, taking our fee from whatever we recover for you. Investigation expenses, expert consultations, subpoenas, and medical evaluations get covered by us during the case. No recovery means no attorney fees.
We initiate the subpoena process immediately, but we don’t pause everything else while waiting. Witness interviews, medical evaluations, scene analysis, and accident reconstruction all happen in parallel. Phone records add critical proof to a case we’re already building through multiple evidence streams.
Yes. Denials don’t hold up against hard data. We subpoena records directly from their carrier showing call logs, texts, app usage, and screen activity with exact timestamps. When those records reveal messaging or social media use at the crash time, the driver’s denial becomes irrelevant.
Not really. Officers note what they witness directly or what drivers volunteer. They don’t typically investigate phone use unless the crash is fatal. Missing from the report just means we obtain the evidence ourselves through legal channels.
GPS distraction still supports a negligence claim. Entering addresses while moving, staring at navigation screens instead of the road, or concentrating on turn prompts during critical moments all qualify as dangerous behavior. We build liability arguments around whatever the evidence reveals.
Yes. Certain crash characteristics suggest distraction: the driver appeared startled, said “I didn’t see you,” or left no skid marks showing they never braked. We investigate based on these indicators. Records will either validate your suspicion or eliminate it as a factor.
Probably not. Most settle after we compile compelling evidence. Insurers weigh the risk of jury verdicts against settlement costs. Strong phone records, thorough medical documentation from Dr. Georgi, and our trial track record usually push them toward negotiation. Still, we prepare as if trial is guaranteed because that readiness drives better offers.
The earlier you contact a texting and driving accident attorney in Fargo, ND, the sooner we can start working on your case. That means getting started before evidence disappears and witnesses become harder to find. We can also request those records right away.
We’re ready to handle everything so that you can concentrate on recovering. As Fargo’s leading distracted driving car accident lawyers, we represent clients from Bismarck, Mandan, Lincoln, and throughout Burleigh and Morton Counties.
Schedule a free consultation so that we can discuss your case, answer your questions, and explain your options. There’s no obligation and no pressure!
Stop carrying this alone. Let us take over.
Your priority now is to heal. Ours is to win your case. Here’s our 3-Step Approach:
Let us listen to your story. We’ll provide a free, no pressure case evaluation.
Our team handles everything: the legal process, gathering paperwork, reviewing your medical treatment, and more.
We win your case and maximize your compensation or we don’t get paid, guaranteed.
I was hit on my MOTORCYCLE by a PODS TRUCK in June, yep, you read that right, PODS TRUCK. I was fortunate to walk away, but knew I needed a lawyer for an accident of this magnitude. Now, let me start by saying I don’t trust lawyers, never have. But had to put my differences aside and trust this GROUP of LAWYERS from a different state…
I was hit on my MOTORCYCLE by a PODS TRUCK in June, yep, you read that right, PODS TRUCK. I was fortunate to walk away, but knew I needed a lawyer for an accident of this magnitude. Now, let me start by saying I don’t trust lawyers, never have. But had to put my differences aside and trust this GROUP of LAWYERS from a different state to handle my affairs. RIGHT AWAY, from the beginning, MARISSA REED, WAS A ROCKSTAR!!! Made me feel at ease and answered all of my ridiculous questions like a VETERAN. Now, this has taken almost 9 months to complete, and it was well worth the wait. Marissa Reed took my settlement to a PLACE WHERE ONLY EAGLES SOAR BABY!! I GOT WAAAAY MORE than expected all thanks to the LOWE LAW GROUP AND FIERY MARISSA REED. Thank you Marissa, for ALL YOU DID FOR ME, AND ALL MY STUPID QUESTIONS. I’m alive, have a HEFTY settlement to spend and am more than thankful for these LAWYERS!! MY ATTITUDE HAS CHANGED FOR THE BETTER ON THEM! HELL YA!!
-Christian W.
Washington
I was hit by a trailer that crossed the median while I was driving on the highway which not only destroyed my car, but I have had to deal with a concussion, neck and back pain along with other PTSD issues. Life happens, some events alter your life, and it can be difficult to adjust. Lowe Law Group is the absolute best. If you want someone who’s gonna be in your c…
I was hit by a trailer that crossed the median while I was driving on the highway which not only destroyed my car, but I have had to deal with a concussion, neck and back pain along with other PTSD issues. Life happens, some events alter your life, and it can be difficult to adjust. Lowe Law Group is the absolute best. If you want someone who’s gonna be in your corner and help you out big time. I HIGHLY recommend them. They made it so much easier, and they don’t care just about money. They want you to be able to get the help you need to recover. Specifically, James Brandenburg has been so helpful and relatable. Where other companies have made me feel just like a number, he has made me feel like a friend.
-Maia. C
Idaho
I have been working with Lowe Law Group since May 2023. I was in a terrible head on collision and have been undergoing coming up on 2 years of medical treatment. I have had 3 case managers throughout the 2 years and have been working closely with Cassi these last few months and she has been amazing. She keeps me updated on whats going on with my…
I have been working with Lowe Law Group since May 2023. I was in a terrible head on collision and have been undergoing coming up on 2 years of medical treatment. I have had 3 case managers throughout the 2 years and have been working closely with Cassi these last few months and she has been amazing. She keeps me updated on whats going on with my case and is doing everything in her power to ensure the best outcome. She has come up with ideas my other two case managers had not that will benefit me in the long run! Its so nice to be able to feel taken care of and having a team backing you.
– Hailey B. Washington
I was in my car waiting at a stoplight when I was rear ended hitting my head, giving me whiplash, and a concussion. It also reaggravated other injuries I was making progress on. Cyra at Lowe Law Group was great jumping right into my case. She was professional and did well in keeping me informed of the process and updating me as needed. There were some challe…
I was in my car waiting at a stoplight when I was rear ended hitting my head, giving me whiplash, and a concussion. It also reaggravated other injuries I was making progress on. Cyra at Lowe Law Group was great jumping right into my case. She was professional and did well in keeping me informed of the process and updating me as needed. There were some challenges in dealing with the culpable party but Lowe Law I believe was able to get me the best settlement possible given all the circumstances and would recommend to anyone who has been involved in an accident.
– Nick W. Colorado
I had a wonderful experience with Lowe law group after my accident. They were great and my case manager Cyra was an absolute ANGEL to work with!! Highly recommend.
I cannot say enough, good things about Heather at Lowe Law Group! From the very beginning, she was a beacon of kind…
I cannot say enough, good things about Heather at Lowe Law Group! From the very beginning, she was a beacon of kindness, compassion, and professionalism. She truly cares about her clients, and her empathy shines through in every interaction. Heather made a potentially overwhelming process feel effortless, guiding me with such care and attention to detail that I always felt completely supported and understood. It’s rare to meet somebody who combines such warmth with incredible expertise, but Heather doesn’t flawlessly. She’s truly a gem, and I am beyond grateful for everything she has done!
Giselle was always kind. I love how she always communicated with me through this whole process. If I didn’t understand…
Giselle was always kind. I love how she always communicated with me through this whole process. If I didn’t understand something , She would explained it in terms that I could. I give Giselle and Lowe Law Group a 5 star rating. I highly recommend this Law Group if you are needing one. Thank you to everyone for your time consuming and hard work.😀
After one of the worst things that has happened to my daughter or me, Harmony was able help me work throug…
After one of the worst things that has happened to my daughter or me, Harmony was able help me work through it in every aspect I needed. From the first day we spoke she worked was so kind, honest and she worked hard for us and went above and beyond. Giving me space when I needed it encouraged me to talk when I needed to. She helped me get medical information, check out the boxes of requirements, find a counselor, and More behind-the-scenes I don’t even know about. I NEVER FELT ALONE, it stopped being my battle and it became her’s.This whole process took maybe five months and at the beginning I guessed this would be over one year. I really appreciate her and because of her work! If I ever meet someone who has an unfortunate accident, I will give them the contact information for Lowe Law Group and song their/ Harmony’s praises! THANK YOU HARMONY!
Being in a car accident and dealing with everything from the car damage to the injuries and everything in between is very…
Being in a car accident and dealing with everything from the car damage to the injuries and everything in between is very stressful. I am so grateful for everyone at Lowe Law for helping me every step of the way. Kaitlyn kept me updated on the progress of the case and answered all the questions I had. Jason and Pete are very knowledgeable and explained each step and helped guide me throughout the process. I would highly recommend them to anyone who has been in a car accident.
Thanks to Ethan for his gentle persuasion and persistent efforts.
…
Thanks to Ethan for his gentle persuasion and persistent efforts. I am very grateful to have the burden shifted to the real professionals. I might even be able to ski this winter as I expect to be recovered from this accident by the time Powder Mountain has enough snow.
Thank You Olga Baranova ( I mention you first and foremost due to the fact you were my case manager, and whom I had prima…
Thank You Olga Baranova ( I mention you first and foremost due to the fact you were my case manager, and whom I had primary contact with.) And to all who worked for me, with me, & on my behalf. For the knowledge, expertise & professionalism applied .. I not only applaud you all .. I thank you all. Wishing Blessings Bountiful To All As well as Good Health, Good Fortune Kind Regards Marc Goulet & Family.
Marissa Reed IS AWESOME!! Took 1+yrs. Difficult client & case she made it look easy. A True Professional. Need more like Marissa!!! THANK YOU SO MUCH!!!!
I answered an advertisement for this law group. I had fired the first attorney. So I retained Lowe Law Group, and Maris…
I answered an advertisement for this law group. I had fired the first attorney. So I retained Lowe Law Group, and Marissa Reed was my contact person. She could not help me but pointed me in the right direction. No charge. Thank you Marissa. I very much recommend this Law Group.
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