Driving in Bismarck is usually uneventful, yet accidents happen every day. Sometimes, those accidents could have been prevented if the at-fault driver had simply paid attention to the task of driving!
Imagine being at a busy Bismarck intersection when another vehicle slams into your driver’s side door. In those seconds before impact, you saw it: the other driver’s head was down, their eyes on their phone, completely unaware of your existence.
Suddenly, you’re injured, your car is totaled, and the insurance company asks, “Can you prove that the other driver was looking at their phone?”
Unlike drunk driving cases where a breathalyzer provides clear evidence, distracted driving crashes present a unique challenge. The other driver will deny that they were on their phone. The evidence you need is locked inside their device and their carrier’s records. Insurance companies know most people don’t understand how to get that evidence.
At Lowe Law Group, our texting and driving accident lawyers in Bismarck know exactly how to obtain the proof they’re hoping stays hidden. We can subpoena phone records, analyze data logs, and coordinate with forensic experts who can match screen activity to the exact moment of impact. We don’t just build cases around what you saw. We build cases around what we can prove.
Distracted driving is an epidemic. Drivers are constantly checking texts at stoplights, adjusting their GPS while merging, and scrolling through playlists on the highway. These split-second distractions cause crashes that change lives forever.
Bismarck’s roadways create specific conditions where distraction becomes particularly dangerous. The Expressway sees drivers transitioning from highway speeds to city intersections, often checking phones the moment they feel they’ve “arrived” in town. Downtown’s grid of one-way streets causes drivers to focus on their GPS navigation instead of traffic. On I-94 through Burleigh County, long straight stretches create a false sense of security, and drivers check their texts and other notifications.
The types of distraction go beyond texting. Common distractions include:
Three seconds of distraction at 55 mph means traveling the length of a football field completely blind. By the time the distracted driver looks up, it’s too late to brake, too late to swerve, and too late to prevent catastrophic impact.
These crashes often result in severe injuries because the distracted driver never slows down. Your body absorbs the full force of a vehicle traveling at speed.
One of the most challenging parts of a distracted driving claim, compared to other car accident cases in Bismarck, is that the evidence can be harder to pin down.
Insurance companies will treat what you saw as suspicious or unverifiable, even if you know that you saw the other driver looking down at their phone, turning around to talk to a passenger, or paying attention to something other than the road.
If the at-fault driver isn’t required to do so, they are unlikely to hand over their phone for an investigation into what they were doing at the time of the crash.
This creates an imbalance. You saw what happened. You know the driver was distracted. But knowing and proving are two different things in a legal case. Let’s look at the three biggest issues that you may face when pursuing justice in a distracted driving case.
In the immediate aftermath of your crash, the at-fault driver shapes the story. They tell the responding officer they were paying attention or they just didn’t see you. They might suggest that you “came out of nowhere.”
Often, their insurance company accepts this version without question because it serves their interests. No admission of phone use means no clear liability. If there is no clear liability, that means there is plenty of room to deny your claim or force you into a low settlement.
By the time you hire an attorney, days or weeks may have passed. The driver has had time to delete texts, clear browsing history, and coordinate their story. Fortunately, there are ways to gather information about the accident, even when the at-fault driver’s story initially points to uncertainty about who was at fault.
Even when witnesses see the crash, they rarely see the phone itself. They might notice the driver’s head was down or that they looked up suddenly, but that’s circumstantial. Insurance companies typically dismiss these observations as speculation, saying things like, “Maybe they were looking at the speedometer,” or “Maybe they were checking their mirrors.”
Without direct evidence of phone use, witnesses may corroborate your version of events but don’t definitively prove distraction.
Law enforcement documents what they observe at the scene. Unless an officer witnessed the driver holding a phone or the driver admits to texting, the report typically says “inattention” or “failure to yield” without identifying the specific cause.
These generic descriptions help insurance companies avoid responsibility. They argue that inattention could mean anything and doesn’t necessarily indicate negligence.
Detailed records of every call, text, app use, and screen interaction exist. Cell phone carriers maintain logs, and the device itself stores activity data. These records show exactly what the driver was doing in the seconds before impact.
But accessing them requires legal action. Carriers won’t respond to informal requests, and the driver certainly won’t volunteer information that proves their liability. You need subpoena power, which means filing a lawsuit, serving proper legal process, and navigating carrier-specific procedures.
Most injured people don’t have the resources to pursue this process on their own. Some personal injury attorneys don’t want to invest the time and money when they’re not certain what the records will show, but Lowe Law Group’s personal injury attorneys are always prepared to get to the bottom of what happened. If we need to subpoena those results, we will!
Insurance companies understand this reality. They count on the evidence staying hidden because obtaining it is too expensive, too complicated, and too time-consuming for most claimants.
At Lowe Law Group, we invest in getting the proof on your behalf. We file the lawsuits, serve the subpoenas, and follow through on the months-long process of compelling record production. We know how to draft subpoenas that survive legal challenges. We know what data to request and how to interpret it once it arrives.
When those records finally come through and show texting at 3:47 PM with a crash time of 3:47 PM, the insurance company’s entire defense disappears, and the driver’s denials become irrelevant. Suddenly, they’re willing to negotiate seriously because they know what a jury will think.
This is why distracted driving cases require attorneys who treat evidence acquisition as an investment, not an obstacle.
Distracted drivers often fail to apply the brakes, which means the collision may be especially hard on your body. Our distracted driving injury attorneys in Bismarck understand the full scope of harm these crashes cause.
Primary injuries include:
Secondary complications often develop:
Some of these injuries don’t show immediate symptoms. That’s why we encourage you to seek medical evaluation immediately, even if you feel fine.
North Dakota Century Code § 39-08-23 specifically prohibits texting while driving. The statute makes it illegal for a driver to compose, read, or send electronic messages while operating a motor vehicle.
When you can prove that an at-fault driver violated the law, that is a strong piece of evidence in proving negligence. As experienced distracted driving claim lawyers in North Dakota, we use the well-known anti-texting law to build a strong case.
Another relevant ND law is the state’s modified comparative fault statute. If you are partially responsible for an accident, you can still sue for compensation, but only if you were less than 50% responsible. Additionally, your settlement or court award will be reduced by the percentage of your responsibility. In other words, if you were 30% responsible for the accident, then your compensation would be reduced by 30%.
An insurance company may try to argue that you contributed to the crash. A distracted driving accident attorney can help prove what really happened and who was responsible.
Calculating damages in distraction cases isn’t straightforward.
The value of your case is dependent on several factors, including the severity of your injuries, the amount of time you will need treatment, and whether or not you will fully recover. Someone who faces lifelong disability from their accident is likely to receive a higher dollar amount than someone who will recover fully after surgical treatment.
During your free consultation with Lowe Law Group, we’ll learn about your case and explain what factors determine your potential compensation amount.
Losses can be calculated based on both financial and non-financial impacts.
Tangible financial losses include:
Non-economic losses include:
When you work with Lowe Law Group, you can expect professionalism and empathy at every turn. This is what you can expect:
During your initial consultation, we’ll ask you to tell us what happened in your own words. We may ask a lot of questions, but that is so that we can find out exactly what you have gone through and how the accident has changed your life.
Based on this conversation, we’ll explain what the process will look like to file a personal injury claim based on the distracted driver’s negligence. We’ll discuss whether we think phone record evidence is accessible and realistic and how long the case may take.
You’ll leave this meeting understanding your options. There is no pressure to hire us on the spot.
When you become a client of Lowe Law Group, we immediately start working on your case. Our investigation is comprehensive and may include:
We’ll also have you evaluated by our in-house medical expert, Dr. Andrew Georgi. Dr. Georgi schedules your medical evaluation to document injuries with the detail and precision insurance companies can’t dispute.
The legal process to obtain phone records often requires initiating a lawsuit earlier than you’d expect, not because we’re rushing to trial, but because we need subpoena authority. One of the best things about getting representation from Lowe Law Group is that the insurance companies stop controlling all communication with you. They deal with us now.
Phone records typically arrive weeks or months after we request them. While waiting, we’re building the rest of your case.
When records finally arrive, we examine every data point, including call logs, text timestamps, app usage, and activity. We’re looking for patterns and, specifically, any activity that corresponds to your crash time. This evidence gets compiled with witness statements, medical records, scene documentation, and expert analysis into a demand package that presents your case clearly and compellingly.
Settlement discussions happen from a position of strength because we have proof, not just allegations. Cases prepared for trial from day one settle for more because insurance companies know we’re ready to present your case to a jury if they won’t negotiate fairly. You pay attorney fees only if we recover compensation.
Yes. Driver statements are self-serving and often contradicted by objective evidence. We obtain records showing exactly what their phone was doing when the crash occurred. This includes screen activity logs, data transmission timestamps, call durations, and text message records. This evidence either supports their claim or exposes it as false. Most drivers who deny phone use change their story when confronted with records showing something like Instagram activity or text messages sent at the crash time.
We start the legal process to obtain them immediately, but we don’t wait for those records to arrive before building other aspects of your case. Medical documentation, witness interviews, scene investigation, and accident reconstruction all proceed simultaneously. Records strengthen cases we’ve already built with other evidence. They’re critical, but they’re one component of a comprehensive case strategy.
GPS use can still establish negligence. Programming a destination while driving, studying a map on screen instead of watching traffic, or focusing on navigation prompts at a critical moment all constitute dangerous distractions. North Dakota law prohibits texting specifically, but negligence claims succeed based on any behavior that causes a driver to crash. We argue the case based on what the evidence shows.
Not significantly. Officers document what they personally observe or what drivers admit. They rarely seize phones or investigate device usage unless the crash involves a fatality. The absence of a phone mention in the report is normal and doesn’t prevent us from obtaining records independently through the legal process.
Absolutely. Signs of distraction include a driver who seems surprised at impact, who offers explanations like “I didn’t see you” without explaining why, or whose vehicle showed no signs of braking or evasive maneuvers. If any of these factors are present, we can investigate. Phone records either confirm your suspicion or rule it out. Either way, you’ll know.
Most cases settle once we’ve gathered strong evidence. Insurance companies evaluate risk. When faced with phone records proving distraction, medical evidence from Dr. Georgi documenting serious injuries, and attorneys who’ve taken similar cases to trial successfully, they typically negotiate a settlement rather than risk a jury verdict. That said, we prepare every case as if a trial is certain because that preparation is what drives settlement offers upward.
A distracted driving accident lawyer can collect evidence such as phone records, witness statements, crash reports, and video footage to help prove negligence. They can also deal with insurers, value your damages, and pursue compensation for medical expenses, lost wages, pain and suffering, and other losses.
A texting and driving accident lawyer can investigate whether the driver was using a phone at the time of the crash. Helpful evidence may include phone records, witness statements, crash reports, surveillance footage, and vehicle data. This evidence can be used to show distraction and support your claim.
We charge contingency fees, meaning our payment comes from your recovery, not from your pocket. There’s nothing due upfront. We cover investigation costs, expert fees, subpoena expenses, and medical evaluation charges as the case develops. If we don’t win, you don’t owe us attorney fees.
Distraction cases demand immediate response, as crash scenes change, witnesses become harder to locate, and accessing phone records requires legal processes that take weeks to initiate and months to complete. Waiting helps the insurance company’s timeline, not yours.
Our distracted driver crash attorneys in Bismarck, ND handle everything while you concentrate on recovery. The investigation, the evidence gathering, the insurance company negotiations, the legal procedures. As experienced distracted driving car accident lawyers in Bismarck, we represent clients from Bismarck, Mandan, Lincoln, and throughout Burleigh and Morton Counties.
Schedule a free consultation. We’ll discuss your case, answer your questions honestly, and explain your options clearly. No obligation. No upfront fees. 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.
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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!!
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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.
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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.
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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.
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I cannot say enough, good things about Heather at Lowe Law Group! From the very beginning, she was a beacon of kind…
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Giselle was always kind. I love how she always communicated with me through this whole process. If I didn’t understand…
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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.
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I answered an advertisement for this law group. I had fired the first attorney. So I retained Lowe Law Group, and Maris…
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