Holding Distracted Drivers Accountable for the Harm They Cause in North Dakota
When a distracted driver causes a serious accident in North Dakota, the consequences fall almost entirely on the victim — medical bills, lost income, and a recovery that can stretch for months or years. Texting while driving is illegal under North Dakota law, and that violation can be powerful evidence in a personal injury claim. At Pringle & Herigstad, P.C., our North Dakota car accident attorneys know how to build distracted driving cases — securing phone records, accident reconstruction, and witness testimony to establish liability and pursue the full compensation you’re owed. We’ve fought for injured North Dakotans since 1909.
Why North Dakota Injury Victims Choose Pringle & Herigstad, P.C.
When a distracted driver has upended your life, the firm you hire makes a difference. Pringle & Herigstad has built a 115-year reputation on results, honesty, and treating every client as a person, not a case number. Reasons why individuals choose our firm include:
- Established in 1909 to assist injured victims and their families in North Dakota with personal injury and wrongful death claims
- Over 115 years of combined legal experience
- Two offices in North Dakota, Minot and Grand Forks, serving clients statewide
- Free initial consultations so you can understand your options at no cost
- Accepts cases on a contingency fee basis, so no attorney fee unless we recover for you
- We offer a personalized approach, meaning we take the time to understand your case and how your injuries have affected your life
- Strong track record of client testimonials from across North Dakota
From first call to verdict, we keep you informed at every step. You do not need to fight this battle alone. At Pringle & Herigstad, we handle the legal battle while you focus on recovery.
Is Texting While Driving Illegal in North Dakota?
Yes. North Dakota law bans texting while driving for all drivers. A driver who was texting before hitting you was breaking the law, and that violation can be powerful evidence in your injury claim.
North Dakota enforces three laws targeting texting and distracted drivers:
Text Messaging Ban for All Drivers (NDCC §39-08-23)
- All drivers are prohibited from composing, sending, or reading electronic messages while driving
- Covers text messages, email, instant messages, and web browsing
- Fine: $100 per violation
- No exception for being stopped at a red light
There are exceptions. The ban does not apply when using a wireless device to obtain emergency assistance to report a traffic accident, medical emergency, or serious traffic hazard. It also does not apply when using the device to prevent a crime about to be committed when the person has a reasonable belief that an individual’s life or safety is in immediate danger.
Electronic Device Ban for Drivers Under 18 (NDCC §39-08-24)
- Drivers under 18 may not use any electronic communication device while driving
- Ages 14–15: $20 fine + 4 points posted to the driver record
- Ages 16–17: $20 fine, no points added
The same exceptions for emergency situations apply even for minors.
Expanded Distracted Driving Law (NDCC §39-08-25)
- Distracted driving that impairs the ability to safely operate a vehicle is a citable offense when paired with any accompanying traffic violation or reportable accident
- If a traffic violation occurs while distracted: $100 fine for any age driver
These fines are minimal compared to the harm texting causes. A statutory violation by the at-fault driver can be used as evidence of negligence per se in your personal injury case.
What Types of Accidents Are Caused by Texting While Driving?
According to federal distracted driving research, sending or reading a text takes a driver’s eyes off the road for 5 seconds. At 55 mph, that equals the length of a football field traveled blind. Nearly every type of collision can result.
Common crash types caused by texting drivers:
- Rear-end collisions: The most frequent result; a texting driver fails to brake before hitting the car ahead
- T-bone and intersection crashes: A driver runs a red light or stop sign while looking at a screen
- Head-on collisions: Especially deadly on North Dakota’s undivided rural highways, where drifting into oncoming lanes has no margin for error
- Sideswipe accidents: A driver drifts into an adjacent lane without checking mirrors or surroundings
- Rollover crashes: Sudden over-correction after a driver looks up too late at highway speed
North Dakota’s wide, isolated road corridors mean emergency response times are longer and the consequences of a high-speed distraction crash are more severe.
What Injuries Result from Texting-Related Car Accidents in Grand Forks and Minot?
High-speed texting crashes produce serious, sometimes permanent injuries. Do not assume you are uninjured because nothing appears broken at the scene. Many symptoms surface hours or days later. Prompt medical treatment is essential.
Traumatic Brain Injuries (TBI)
Head contact with a steering wheel, dashboard, or window can cause concussions, skull fractures, or TBIs affecting memory, cognition, and daily function long after the crash. These injuries are often invisible on initial emergency exams.
Spinal Cord and Back Injuries
The compression forces created by rear-end and head-on collisions produce results ranging from whiplash and herniated discs to partial or complete paralysis. Back injuries frequently require surgery and long-term pain management.
Fractures and Orthopedic Injuries
Broken ribs, arms, legs, and pelvis are common when the body absorbs a sudden high-force impact. Many require surgical repair, hardware placement, and months of rehabilitation.
Soft Tissue Injuries
Soft tissue injuries (torn ligaments, muscle strains, and tendon damage) are among the most commonly missed injuries in early emergency assessments but can cause chronic pain and lasting mobility limitations. Don’t let an insurer minimize these injuries because they don’t show on an X-ray.
Our attorneys in Grand Forks and Minot understand how these injuries affect your ability to work, care for your family, and live fully. We build claims that account for the complete scope of your losses, not just the ambulance bill.
How Do You Prove a Driver Was Texting at the Time of the Crash?
Cell phone records are the most direct proof a driver was texting, but obtaining them requires legal action, and carriers do not keep records indefinitely. Contact an attorney quickly so evidence can be preserved.
Key evidence used in texting accident cases:
- Cell phone records: Subpoenaed to show outgoing texts, calls, and data activity at the precise moment of impact
- Message timestamps: Compared against the crash time listed in the police report
- Witness statements: Bystanders or passengers who saw the driver looking at a phone
- Police report: Officers at the scene may note phone use as a contributing factor
- Dashcam and traffic camera footage: Captures driver behavior in the seconds before the collision
- Social media and app activity: Posts or messages sent from the driver’s device at the time of the crash
Evidence disappears quickly. Carriers purge call records, dashcam footage overwrites, and witnesses forget. Our team acts immediately to lock in the documentation your case needs.
What Compensation Can You Recover After a Texting Accident in North Dakota?
North Dakota is a no-fault insurance state, but serious texting accident injuries typically meet the legal threshold that allows you to step outside the no-fault system and pursue full compensation directly from the at-fault driver.
Before speaking with any insurer, learn how North Dakota’s no-fault insurance system works. The rules directly affect which claims you can make and against whom.
Examples of economic damages in a texting while driving accident include:
- Medical expenses for emergency care, surgery, hospitalization, physical therapy, and future treatment
- Lost wages and loss of future earning capacity
- Vehicle repair or replacement
- In-home care and rehabilitation costs
- Out-of-pocket expenses
Non-economic damages compensate victims for their pain and suffering. These damages also include emotional distress, loss of enjoyment of life, disfigurement, permanent impairment, and diminished quality of life.
How North Dakota’s No-Fault Rules Affect Your Claim
All North Dakota drivers are required to carry at least $30,000 in Personal Injury Protection (PIP) coverage. After a crash, you file first with your own PIP carrier, regardless of who caused the accident. However, if your medical bills exceed $2,500 or you sustain a serious injury or impairment lasting more than 60 days, you can step outside the no-fault system and file a lawsuit directly against the driver who was texting.
Under North Dakota’s modified comparative fault rules, you can recover compensation as long as your share of fault is less than 50%. Your award is reduced proportionally by your fault percentage. If your fault percentage is 50% or more, you cannot recover any damages. When a texting driver hits you while you are driving lawfully, fault generally falls squarely on them.
What to Expect When You Work With Pringle & Herigstad
When you hire our law firm, our skilled legal team handles all aspects of your case. You can expect us to:
- Provide a free consultation to review your case and explain your legal options at no cost to you.
- Perform a thorough investigation to gather evidence, including phone records, police reports, witness statements, camera footage, and medical documentation before it can disappear.
- We handle all communications with the insurer so you are not pressured into accepting a low settlement.
- If the insurer refuses to pay fair value, we are fully prepared to take your case to court.
We fight for you to receive fair compensation for everything you have lost. We continue to fight until we exhaust all claims and sources of compensation for your losses. You pay nothing unless we recover for you.
Contact Our North Dakota Texting Accident Attorneys in Grand Forks and Minot
The driver who hit you faces a $100 fine. You face medical bills, lost income, and a long road to recovery. Pringle & Herigstad, P.C. has stood up for North Dakotans injured by negligent drivers for over 115 years. We are ready to stand up for you. Contact us for a free consultation. No fee unless we recover.
Frequently Asked Questions About Texting While Driving Accidents in North Dakota
How long do I have to file a lawsuit after a texting accident in North Dakota?
North Dakota law generally gives personal injury victims six years from the date of injury to file a lawsuit for general negligence. If the crash killed a family member, wrongful death claims carry a shorter two-year deadline. While six years may sound like ample time, cell phone records and other critical evidence can be deleted or overwritten long before then. Acting quickly gives your case the strongest foundation.
Can I still recover compensation if I was partly at fault for the accident?
Yes, in most cases. North Dakota’s comparative fault law allows recovery as long as your share of fault is below 50%. If you are found 30% responsible and your total damages are $100,000, you receive $70,000. Only if your fault reaches 50% or more is your right to recover eliminated. Insurance companies routinely try to inflate your fault percentage to reduce their payout, and an experienced attorney counters that tactic directly.
What should I do immediately after a texting while driving crash?
Steps to take after a texting while driving accident include:
- Call 911: A police report creates an official record of the crash and the conditions
- Seek medical attention right away: Some injuries appear hours or days after impact; a medical record protects your claim
- Document the scene: Photograph vehicles, road conditions, skid marks, and the driver’s phone if it is visible
- Collect witness contact information before people leave the area
- Avoid recorded statements to insurance adjusters until you have spoken with an attorney
Your actions after a car accident can impact the outcome of your case. Legal advice early in your case can help you avoid missteps and protect your rights. Our legal team at Pringle & Herigstad, P.C is here to help. Call for a free consultation today.