Sometimes, it feels like people downplay distracted driving instead of calling it what it actually is: reckless, dangerous behavior that puts everyone else on the road at risk.
A driver glances at a notification for four seconds. At highway speed, that is the length of a football field traveled without looking at the road. When that driver hits your car, the police report says “inattention.” Then the insurance adjuster calls it a minor accident. And you are left dealing with injuries, medical bills, and a legal process you never expected.
Drunk driving gets treated as a crisis. Distracted driving gets treated as just a bad habit. That gap matters because it shapes how insurance companies approach your claim. They know juries are sympathetic to DUI victims. They calculate that distraction claims are harder to prove, easier to minimize, and cheaper to settle on their terms.
At Lowe Law Group, our personal injury attorneys in Grand Forks know how to close that gap. We obtain the evidence insurers expect to stay hidden, document your injuries with precision, and build cases that force serious negotiations. You focus on getting better. We handle everything else.
North Dakota has one of the highest rates of distracted driving fatalities per capita in the country. In a state where traffic is lighter than major urban centers, those deaths are a reminder that lower traffic volume does not mean lower risk. It can mean the opposite: fewer cars, faster speeds, and more opportunities for a driver to think nothing bad can happen.
Grand Forks has its own version of this problem. University Avenue carries heavy daily volume from commuters, UND students, and shoppers moving between the university district and the commercial corridors to the south. DeMers Avenue, one of the city’s main east-west throughways, runs through a stretch of signaled intersections where drivers routinely check their phones at red lights and then fail to put them down when the light changes.
Columbia Road is another high-risk area. The stretch between 32nd Avenue South and Gateway Drive mixes retail traffic with through commuters. Drivers unfamiliar with the area frequently manage GPS apps while navigating lane changes and turning traffic. That combination, phone in hand and uncertain of the route, produces exactly the kind of distracted driving that causes serious crashes.
On the flat, straight stretches of US-2 heading out of the city, long sight lines create a false sense of security. Drivers feel like nothing is coming, so they check their messages. Then traffic slows ahead, and they look up too late.
These are not hypothetical scenarios. They are the patterns we see in cases throughout Grand Forks County. Texting while driving is illegal in North Dakota, but that doesn’t mean that drivers aren’t guilty of this reckless behavior.
If you were struck by a driver who was drunk, a breathalyzer test creates an objective record. If a driver was going 40 miles over the speed limit, there will be clear evidence of their excessive speed. Distracted driving, however, works differently from other car accident cases in Grand Forks. The evidence of what happened exists, but it can be difficult to access that evidence without a legal fight. The person who holds the most relevant information? They have no incentive to share it.
Let’s start with what happens immediately after the crash. The at-fault driver tells the responding officer they just “didn’t see you” or “the sun was in their eyes.” That explanation goes into the police report. Law enforcement rarely seizes phones at the scene unless someone has died, which means that the report reflects the driver’s version. That version leaves distraction out of the story entirely.
Witnesses help, but only so much. Someone nearby might have seen the driver’s head looking down, or they may have noticed that the driver did not brake before impact, but can they see what’s happening inside the car? No, and insurance adjusters routinely dismiss these observations. They argue that a driver looking down could have been checking the speedometer or adjusting the mirror. Without the phone records themselves, witness accounts become speculation in the insurer’s narrative.
The records that would prove everything (call logs, text timestamps, app usage, and screen activity) exist on the driver’s device and in the carrier’s systems. Carriers, of course, will not respond to informal requests. And it’s not like the driver will volunteer information that proves their liability.
Getting those records requires subpoena authority, which means initiating a lawsuit and navigating carrier-specific legal procedures. Most injured people cannot manage that process alone, and some attorneys decide the investment is not worth the uncertainty. We disagree.
Insurance companies count on this dynamic. They know that the longer it takes you to pursue those records, the more likely you are to accept a settlement that does not reflect what your case is actually worth.
Our approach to distracted driving cases starts from a simple premise: the insurance company expects you to give up on obtaining phone records. That expectation is wrong.
A Grand Forks distracted driving accident lawyer can be your advocate as you navigate these complicated conversations.
At Lowe Law Group, we file the necessary legal actions, draft subpoenas that can withstand carrier challenges, and follow through on the months-long process of compelling record production. We know what data to request and what it means when it arrives. Call logs tell part of the story, but screen activity logs, data transmission records, and app usage histories tell the rest. We are looking for anything that shows what the driver’s phone was doing in the seconds before impact.
These records, when they show active screen use at the exact time of your crash, can be used to prove who was responsible. Even if the other driver has spent weeks insisting that they were not on their phone, you now have concrete evidence that proves otherwise.
Distracted drivers often do not brake. There is no evasive action or attempt to swerve, because they never saw the crash coming. This is precisely what causes rear-end crashes — if a distracted driver hit you from behind, a Grand Forks rear-end accident lawyer can help you build a strong case.
When this happens, your body absorbs the full force of the vehicle that strikes you. The resulting injuries can range from serious to catastrophic, based on the circumstances.
Some common injuries in these crashes include:
Some of the most serious complications from a distracted driving crash are not immediately obvious. Adrenaline can mask pain at the scene so that you don’t notice it until later. Swelling and inflammation can develop hours after the crash, whereas neurological symptoms can take days to appear.
A concussion might present as a mild headache the day of the crash, then escalate to cognitive problems, sleep disruption, and light sensitivity over the following week. A spinal injury can produce numbness and referred pain that does not localize for days. Internal bleeding can be life-threatening without visible external signs.
This is why we strongly encourage anyone involved in a significant crash to seek medical evaluation immediately, even when they feel fine at the scene. And it is why Dr. Andrew Georgi, our Medical Director, is such a critical part of how we build cases.
Dr. Georgi is not an outside consultant we bring in after the fact. Instead, he is a full-time member of our team, a physician who completed his residency in anesthesiology at the University of Utah and assisted in more than 10,000 surgeries before joining Lowe Law Group in 2021.
He evaluates clients specifically through the lens of litigation injury medicine, identifying complications that emergency rooms miss because they are not looking for them. His role is not just to document what happened. It is to map what your injuries mean for your recovery, your daily life, and your future medical needs. That documentation is what prevents insurance companies from arguing your injuries are less serious than they are.
North Dakota Century Code section 39-08-23 makes it illegal to compose, send, or read electronic messages while operating a motor vehicle. When a driver violates that statute and causes a crash, that violation is strong evidence of negligence. In legal terms, it can support a negligence per se argument, meaning the violation of the law itself establishes the breach of duty you need to prove your claim. You do not have to show the driver was careless in a general sense. The statute creates the standard, and breaking it crosses the line.
North Dakota also follows a modified comparative fault rule under state law. If you share some responsibility for the crash, you can still recover compensation as long as your share of fault is less than 50 percent. Your recovery is reduced proportionally. If someone is found to be 20% responsible, then their recovery will be reduced by 20%.
Insurance adjusters understand this rule well. In distracted driving cases where the primary liability is clear, they sometimes shift to arguing that you contributed to the crash in some way. A skilled distracted driver injury attorney in Grand Forks ND pushes back on inflated fault percentages with physical evidence, witness statements, and accident reconstruction. That pushback matters.
The first thing an insurance adjuster will tell you after a distracted driving crash is that your case is worth less than you think. They make that calculation before they know your full diagnosis, before your treatment is complete, and before anyone has assessed your long-term needs. They are not giving you an honest valuation. They are testing whether you will accept a fast number before you understand what you are actually owed.
Unfortunately, there is no standard payout for distracted driving cases, and we can’t tell you exactly how much your case is worth–especially when we haven’t met you and heard your unique story.
Your case’s value depends on the severity of your injuries, how long your recovery takes, whether your earning capacity is affected, and the strength of the evidence available. Those factors look very different from one case to the next.
What we can tell you is what categories of loss you may be entitled to recover:
Dr. Georgi’s evaluation of your long-term medical needs is one of the most important tools we have in building an accurate picture of your damages. Insurance companies want to pay for what has already happened. We document what is still coming.
When you need a texting and driving accident lawyer in Grand Forks, you can turn to Lowe Law Group. When you contact us, we start by listening.
We want to know exactly what happened, how the crash has affected your daily life, and what you are facing medically and financially. That first conversation is free and carries no obligation.
We start investigating your case the moment you become our client. It’s time to get to work! We conduct a thorough investigation, which may include visiting the scene, securing surveillance footage before it disappears, locating and interviewing witnesses, and beginning the legal process to obtain the at-fault driver’s phone records.
The subpoena process often requires filing a lawsuit earlier than people expect. We don’t rush you towards a lawsuit, but we do encourage you to take action quickly. Waiting costs you time that you don’t have.
The investigation also involves your evaluation by Dr. Georgi. This creates a documented record of your injuries that insurance companies can’t dismiss.
Phone records can take weeks or months to arrive, but we do not pause while that process plays out. Medical documentation, accident reconstruction, witness accounts, and expert analysis all proceed in parallel. By the time the records arrive, we already have a complete picture of everything else. The records either add confirmation or provide the final piece that makes the insurance company’s position untenable.
When you work with a Grand Forks distracted driver crash attorney, insurance companies negotiate seriously because they know the alternative.
If a fair settlement is not available, we are prepared to take your case to a jury. Most cases do not reach that point, but that preparation is exactly what drives settlement values upward. Importantly, you pay nothing unless we recover compensation for you.
Driver denials are common, but they do not control the outcome. Carrier records, device activity logs, and forensic analysis show exactly what the phone was doing when the crash occurred. That data either contradicts their denial or confirms it. Most drivers who insist they were not texting reconsider that position once we show them what the records contain.
In most cases, we can pursue these records through the legal process. We cannot guarantee what those records will show before we see them, but what we can tell you is that we will make the effort to get them. We would never walk away from that process simply because it takes time or resources.
Most personal injury claims in North Dakota have a six-year statute of limitations. That is longer than most states, but it is not a reason to wait. Evidence degrades. Witnesses become harder to locate. Phone carrier records have their own retention limits. The earlier we start, the stronger your case.
GPS use can still support a negligence claim. Programming a destination while driving, studying a navigation screen instead of watching traffic, or responding to audio prompts at a critical intersection are all forms of distraction that cause crashes. The texting statute covers electronic messaging specifically, but your negligence claim is broader than that statute.
Nothing upfront. We work on contingency, which means our fee comes from your recovery, not from your pocket. If we do not win, you do not owe us attorney fees. We also cover investigation costs, expert fees, and subpoena expenses as the case develops.
Lowe Law Group represents injured clients throughout Grand Forks, East Grand Forks, and the surrounding communities in Grand Forks County. If you were hurt by a distracted driver in this area, we are ready to step in.
Contact us for a free case evaluation. We will listen to what happened, explain your options honestly, and tell you straightforwardly whether we think you have a viable claim.
No pressure. No upfront costs. No obligation.
You can stop trying to manage this on your own. We handle the legal process so you can focus on your recovery.
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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Washington
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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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Idaho
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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 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…
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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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