A distracted driver on Fargo’s roads is an incredibly dangerous person. When someone is behind the wheel of a motor vehicle, they have the potential to cause serious damage to someone else’s body or property, all because they failed to be responsible. Every single driver has an obligation to drive safely and responsibly, and to pay attention to their surroundings while driving.
When one of these drivers gets distracted and checks their texts, messes with their navigation screen, or pays attention to something other than the road, their negligence can change your life.
However, even though your life may be changed, it can be difficult to get the insurance companies to take the crash seriously. Because distracted driving can be difficult to prove and easy to deny, insurance companies often try to downplay the possibility that their customer was the problem. Distracted driving claims are harder to prove, and insurers take advantage of that.
At Lowe Law Group, our personal injury attorneys in Fargo understand exactly what it takes to win a distracted driving case. Insurers would prefer that some information is never discovered, but we know how to obtain the evidence that proves who was responsible in a distracted driving crash. We will document your injuries with precision and build your case in preparation for serious negotiations. As you focus on getting better, we can handle everything else.
Did you know that North Dakota has one of the highest national rates of distracted driving fatalities per capita? This is true, even though our traffic tends to be lighter than the traffic in states with bigger, more populous urban areas. These deaths, however, should be a reminder that just because we have less traffic, that doesn’t mean that we are immune from hazards on the road.
In fact, sometimes a lack of traffic can lull drivers into a false sense of security. When there are fewer cars, people tend to drive at faster speeds, and there are more opportunities for a driver to think, “Nothing bad will happen if I go ahead and read this text.”
Unfortunately, distracted driving happens all over Fargo, every day. Whether you’re on North Dakota State University’s campus, in downtown Fargo, driving through town on I-94 or I-29, or in one of the city’s residential neighborhoods, you could encounter one of these drivers.
You may have heard that distracted driving cases are hard to win, but that’s not the full story. Distracted drivers can be hard to hold accountable, but it’s definitely not impossible!
To understand why these cases are tricky, consider how much easier other types of accidents can be. After a drunk driving accident in Fargo, a breathalyzer test and a police report create an objective, unarguable record. A collision with a speeding driver will be accompanied by evidence of those high rates of speed. But a distracted driver? It’s much harder to prove that someone was scrolling on their phone or distracted by someone else in their car.
Witnesses can be helpful, but a defense attorney or insurance lawyer will try to explain away an eyewitness’s testimony. Maybe a witness observed that the driver didn’t attempt to stop before impact, but an attorney can argue that the witness couldn’t really see into the car to know if distraction played a role.
An at-fault driver’s phone records can likely prove distraction, but why would they give up those records unless they are forced to? In other words, the evidence exists, but how do you access it? The answer: You need a subpoena.
The best path to subpoenaing someone’s phone records is to initiate a lawsuit and have your attorney navigate the carrier-specific legal procedures for accessing those records. Most injured people can’t manage this process alone, and they may give up. Defense attorneys and insurance companies are counting on this. They know that the longer it takes for you to pursue these records, the more likely you are to accept a low settlement that does not reflect what your case is actually worth.
At Lowe Law Group, we approach distracted driving cases from a simple premise: The insurance company wants you to give up on acquiring their client’s phone records. When you work with us, we prove their expectations wrong.
Our Fargo personal injury attorneys serve as your advocate while you navigate these complicated legal circumstances. We file the necessary legal actions and draft subpoenas that can withstand challenges from cell phone carriers. We also handle the months of work associated with compelling records, and when the data arrives, we know what it means.
We can use call logs to tell part of the story, but we can gather the full story through things like screen activity logs, data transmission records, and app usage histories. We will look for everything that shows what the driver’s phone was doing in the seconds before the impact.
At this point, so many questions are resolved because we have concrete evidence of what was happening in the car when you were hit.
Because distracted drivers often fail to brake, there may be no evasive action or attempt to swerve. When this happens, your body absorbs the full force of the crash. The resulting injuries range from serious to catastrophic, depending on the circumstances.
Common injuries from these kinds of accidents include:
One of the scariest things about a car accident is that injuries don’t always show up right away. At the time of the crash, adrenaline can mask injuries, or you may dismiss a headache as something minor and manageable. Swelling and inflammation don’t always appear right away, either. Some accident victims will disregard initial numbness in their extremities, not realizing this could be a sign of a spinal injury.
We strongly encourage everyone who has been injured in an accident to seek medical evaluation right away, even if they feel okay at the scene.
Our Medical Director, Dr. Andrew Georgi, is a critical part of our approach to cases. He is not an outside consultant that we bring in after the fact. Rather, he is a full-time member of our legal team. As a physician who completed his anesthesiology residency at the University of Utah, Dr. Georgi has assisted in more than 10,000 surgeries. He understands the many ways that an accident can injure the human body and what it will take to get an injured party on the path to wholeness.
Dr. Georgia evaluates our clients through the lens of litigation injury medicine. Not only can he identify complications that emergency rooms miss, but he can also create an overview of what your injuries mean for your recovery. This documentation prevents insurance companies from arguing that your injuries are less serious than they are.
According to North Dakota Century Code section 39-08-23, it is illegal to compose, send, or read electronic messages while operating a motor vehicle in the state. If a driver violates that statute, and the violation can be proven, that violation is strong evidence of negligence.
In a legal case, this kind of evidence can support your claim that the driver was negligent. This is called a negligence per se argument, as the violation of the law establishes the breach of duty that proves your claim. You don’t have to show that the driver was careless in any other sense; this statute creates the standard, and breaking it crosses the legal line.
The modified comparative negligence rule states that you can seek compensation from an at-fault party, even if you were partially negligent yourself. However, your total compensation amount will be reduced by the same percentage of responsibility you share for the crash.
In other words, if you were 20% responsible for the crash, your compensation amount or court award will be reduced by 20%.
Because insurance adjusters want to reduce their payout obligation as much as possible, they will try to use this rule to their advantage. They will try to argue that you contributed to the crash in a major way, often exaggerating or misrepresenting your role.
Our Fargo, ND distracted driving accident attorney pushes back against these inflated for false fault percentages by providing clear evidence, accurate witness statements, and detailed accident reconstruction. That pushback plays a major role in getting you the compensation you deserve, not a smaller amount that the insurance company argues you deserve.
If you have already spoken to an insurance adjuster, you may have been told that your case isn’t worth much. It’s important to understand that these initial numbers are made from a calculation that doesn’t include your full diagnoses or the impact of your injuries. They have not assessed your long-term needs, which means they’re not giving you an honest valuation of your losses.
What they’re doing is testing your willingness to accept a low, fast number before you learn what you’re actually owed!
There is no standard payout for distracted driving cases, which means we can’t tell you exactly how much your case is worth, especially if we don’t know the specific details of the crash and your injuries. In general, a case’s value is determined by the severity of your injuries, how long your recovery will take, and whether or not your earning capacity is going to be affected. The strength of the evidence plays a part, too.
What we can tell you is that you are eligible to recover damages for both economic and non-economic losses. Economic damages include costs that can be quantified by bills, receipts, and specific numbers, including:
Non-economic damages may include:
When you need a texting and driving accident attorney in Fargo, Lowe Law Group is ready to step in and protect your rights.
When you reach out, the first thing we do is listen. We want to learn about you and how your accident has changed your life. We’ll also learn about the details of the crash and what has happened since then. This first conversation with us is free and carries no obligation. You will be able to consider your options and decide if retaining our services is the right choice for you.
When a client chooses us, we get started right away.
Our investigation begins the day you sign with us. There’s no waiting period or settling-in phase. Our team gets moving immediately, and that often means returning to the scene, pulling surveillance video before it gets erased, tracking down witnesses while their memories are sharp, and starting the legal steps needed to access the at-fault driver’s phone records.
Here’s something most people don’t realize: getting those phone records usually means filing a lawsuit sooner than you’d expect. We won’t pressure you into litigation before you’re ready, but we will be honest about why moving fast helps your case. Every week that passes is a week of evidence slipping away.
Part of this early work includes your evaluation with Dr. Georgi. That gives us a medical record of your injuries built on real clinical assessment, the kind insurance companies have a hard time waving off.
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.
With a Fargo distracted driving crash attorney on your side, insurance companies come to the table prepared to take you seriously. They understand what happens if they don’t.
If they won’t offer a fair number, we’re ready to put your case in front of a jury. Most cases never get that far, but our willingness to try them is exactly what pushes settlement offers higher. And remember: you owe us nothing unless we win compensation for you.
Drivers deny it all the time. Phone carrier records, device activity logs, and forensic analysis reveal precisely what that phone was doing at the moment of impact. The data either lines up with their story or blows a hole in it. We’ve found that many drivers who swear up and down they weren’t texting tend to change their tune once we lay out what the records actually say.
Usually, yes. We pursue these records through the legal process. We can’t promise what they’ll reveal until we see them, but we can promise this much: we’ll do the work to obtain them. We’re not going to abandon that effort just because it takes time or money.
You generally have six years for a personal injury claim, which gives North Dakotans far more breathing room than people in most states get. Still, that window is no reason to sit back. Evidence breaks down. Witnesses scatter and get harder to find. Phone carriers only hold onto records for so long before they’re gone. Starting sooner means a stronger case.
GPS use can absolutely support a negligence claim. Punching in a destination behind the wheel, staring at a navigation screen instead of the road, fumbling with audio prompts right as you reach a busy intersection: all of these pull a driver’s attention away and cause wrecks. North Dakota’s texting law zeroes in on electronic messaging, but your negligence claim reaches well beyond that single statute.
Nothing upfront. We work on contingency, so our fee comes out of what we recover for you, never out of your own pocket. Lose the case, and you owe us no attorney fees. On top of that, we front the costs of investigation, expert witnesses, and subpoenas as your case moves forward.
Lowe Law Group represents injured clients throughout Fargo and Cass County. If a distracted driver caused your injuries, we are ready to help.
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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