Being involved in a car accident caused by distracted driving is a common occurrence. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving is the leading cause of most road accidents, which results in countless victims suffering from severe injuries and psychological distress every year. It’s critical to be aware of your rights and take the appropriate actions to safeguard your health and your right to compensation if you suffered injuries in a vehicular collision brought on by a distracted driver. This guide will help you navigate the aftermath of such an accident.
THE DANGERS OF DISTRACTED DRIVING
Distracted driving refers to any activity that diverts a driver’s attention away from the road. Common distractions include:
- Texting or using a cellphone
- Eating or drinking
- Adjusting the radio or GPS
- Talking to passengers
- Daydreaming or zoning out
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed over 3,000 lives in a recent year alone. Even a momentary lapse in attention can have devastating consequences, causing accidents that result in injuries ranging from minor cuts and bruises to life-threatening conditions.
STEPS TO TAKE AFTER A DISTRACTED DRIVING ACCIDENT
If you’ve been injured in a car accident caused by a distracted driver, taking the following steps can help ensure your safety and strengthen your legal claim:
Prioritize Your Safety and Seek Medical Attention
Move to a safe location if possible and call 911 to report the accident.
Even if your injuries seem minor, seek medical attention promptly. Some injuries may not show immediate symptoms but can worsen over time.
Document the Accident Scene
Take photos of the vehicles, any visible injuries, and the surrounding area.
Look for evidence of distracted driving, such as a cellphone on the driver’s seat or witnesses who observed the other driver’s behavior.
Gather Contact Information
Exchange information with the other driver, including name, phone number, insurance details, and license plate number.
Collect contact information from witnesses who can support your claim.
File a Police Report
Provide an accurate account of the accident to law enforcement. Request a copy of the police report, as it can be valuable evidence in your case.
Avoid Speaking to Insurance Adjusters Without Legal Advice
Insurance companies may attempt to minimize your claim. It’s best to consult an attorney before providing a statement or accepting a settlement offer.
PROVING DISTRACTED DRIVING IN A PERSONAL INJURY CLAIM
To recover compensation, you must prove that the other driver’s distraction caused the accident. Key evidence may include:
Witness Testimonies: Statements from witnesses who saw the driver using their phone or engaging in other distractions.
Cellphone Records: These can show whether the driver was texting or making a call at the time of the crash.
Traffic Camera Footage: Video evidence may capture the driver’s behavior leading up to the accident.
Police Report: The officer’s findings can support your claim.
An experienced personal injury attorney can help gather and present this evidence to build a strong case.
COMPENSATION YOU MAY BE ENTITLED TO
If you’ve been injured in a car accident caused by a distracted driver, you may be entitled to compensation for:
Medical Expenses: Current and future costs of treatment, including hospital bills, medications, and physical therapy.
Lost Wages: Compensation for income lost due to time off work and any diminished earning capacity.
Pain and Suffering: Damages for physical pain, emotional distress, and reduced quality of life.
Property Damage: Costs to repair or replace your vehicle and other personal belongings.
Punitive Damages: In cases of egregious negligence, additional damages may be awarded to punish the at-fault driver.
HOW A PROFESSIONAL ATTORNEY CAN HELP
Dealing with the aftermath of a car accident can be overwhelming, especially when you’re recovering from injuries. An experienced personal injury attorney can:
Investigate the Accident: Collect evidence, interview witnesses, and review police reports to establish liability.
Handle Insurance Companies: Negotiate with insurers on your behalf to ensure you receive fair compensation.
File a Lawsuit if Necessary: If a fair settlement cannot be reached, your attorney can take your case to court.
Having a dedicated legal advocate by your side allows you to focus on your recovery while they handle the complexities of your case.
CONCLUSION
Your life may be drastically altered by a distracted driver’s car accident, but you do not have to deal with the fallout alone. A lot can happen during the procedure and there can be a lot of mishaps but we are to provide you support. You can defend your rights and get the compensation you are due by following the correct procedures and getting advice from an experienced personal injury lawyer.
At our law firm, we understand the devastating impact of distracted driving accidents. We’re here to guide you through every step of the legal process, from investigating the accident to negotiating with insurance companies. Contact us today for a free consultation to discuss your case and learn how we can help you move forward.