With the increased use of digital technology, distracted driving has become a worrying pandemic on the roadways. As more motorists succumb to the temptation of using their cell phones or engaging in other distractions while driving, the incidence of accidents caused by such negligence rises. According to the law, you have the legal right to hire a distracted driving accident lawyer to defend your interests in a claim for compensation against the insurance company of the driver who caused the accident.
Following a distracted driving accident, it is important to follow the following steps.
Make Sure That Everyone Is OK
After an accident involving distracted driving or any other kind of car accident, the most important thing to do is to check for injuries. Make sure everyone is okay before doing anything else at the accident scene.
You should get medical help to establish the severity of any injuries you may have incurred, regardless of whether you seem unharmed or are experiencing no pain after the accident.
Call the Police
Report the incident as soon as possible by dialing 911. This will enable the operator to send first responders and medical personnel to the accident scene. When conversing with the dispatcher, be sure to provide clear and truthful information about the accident.
The police will conduct preliminary investigations and prepare an incident report as soon as they arrive. Your car accident attorney may use this report to prove the other driver’s distraction while driving.
Contact Your Insurance Company
Contact your insurance company as soon as possible if distracted driving causes an accident. If you report the incident, they may be able to help. However, under no circumstances should you admit fault to yourself or the other driver’s insurance provider.
Keep your talks with them brief. If you don’t, avoid making any statements that could turn against you in the future.
Photograph the Accident Scene
Photographs document the aftermath of a vehicle accident. In addition to the location of the accident and the circumstances surrounding the collision, they should reveal the damage to your vehicle, the injuries you incurred, and the damage to the road surface.
Professionals studying these photos may discover details that the common individual may not see. For example, the lack of skid marks behind the other vehicle indicates that the driver did not use the brakes at the right time, which may add validity to your claim that the driver was inattentive or otherwise preoccupied.
Avoid Giving the Insurance Company a Recorded Statement
The insurance company’s primary motivation is financial gain, not necessarily to compensate you fairly and fully after an accident. Regardless of who contacts you—your insurance company or the other driver—you should politely decline to provide a recorded statement and refer the insurance adjuster to your attorney. The adjuster’s inquiries are intended to reduce the amount of compensation you will receive in the end.
Contact a Lawyer Immediately
Your case will probably have a more favorable conclusion if you get in touch with an experienced automobile accident attorney as soon as possible. Following the vehicle accident that you were involved in with a distracted driver, your attorney will first give you an explanation of the whole procedure, and then they will work diligently on your behalf to get a favorable settlement.
Speak to Witnesses
When they are engaged in a car accident, a large majority of motorists are caught by surprise. It is possible that you did not notice the automobile before it hit you, let alone know if the driver was texting or otherwise preoccupied.
Witness testimony is often required to determine the cause of an accident. If anyone comes to the scene to help, or if there are any witnesses, you should ask them what they saw. This information may help to support your claim, regardless of whether they saw the at-fault driver engaging in any sort of distraction or behaving in an unexpected way towards you.
Look at Surveillance or Traffic Footage
One of the most reliable ways to prove a driver’s distraction is to analyze traffic or surveillance footage. This video may reveal the driver’s behavior immediately before the crash, enabling police to establish that they were distracted.
Obtain Your Medical Bills and Records
To a large extent, the amount you spend on medical care will determine the overall amount of your claim. Be careful to document all of your out-of-pocket expenses, including the gasoline you’ve used to get to and from your doctor’s and therapy visits. And while you’re about it, you should probably confirm your missed salary as well. Get a letter from your boss outlining how much time you lost at work due to your injury and how much time off you took for sickness or vacation.
