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Legal Steps To Take After Being Injured By A Distracted Driver

Janice Ruiz by Janice Ruiz
September 7, 2024
Legal Steps To Take After Being Injured By A Distracted Driver
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No one hopes to be in an accident, but sometimes, it happens either way. The majority of these are even caused by drivers fondling their phones. If you get into a mishap caused by a driver that preoccupied, you should get compensated. 

Heck! even if you’ve not been in any unfortunate situation, this is valauble information that can come in handy any time. I mean just look at the huge screen on the dashboards on vehicles these days and imagine the kind of distractions it can cause. Now you get the point. 

Do not fret! This guide will show you the right procedure to getting what you deserve.

Steps to Take Immediately After an Accident Caused by a Distracted Driver

If you are hurt in a misharp and you suspect it was caused by a motorist who was on their phone or was not concentrating, do this immediately:

Call the Police

Move away to a safe part of the road and call the police to report the accident. It is vital to get the police involved as they make it official and collect more evidence. The evidence the police get can also help you prove the accident was as a resu;lt of distracted driving.

After law enforcement have completed the accident report, request for a copy. Their assessment of the situation and citations used can help you prove your case.

Seek Medical Help

Your health is your number one priority here and should be the first thing you consider. Even when you feel fine, it is advisable to allow medical practitioners to check you thoroughly. The injury report they make is also an important document when filing your claims.

Ask the medical professionals to document all the treatment you’ve received for the injuries sustained and keep records of all payments. You may also want to include the time spent in the hospital or in recovery and what it cost you.

Gather Evidence

Document every important detail in the scene to help your case. It has become easier with the availability of smartphones as you can quickly take photographs of all the details. Take pictures and videos of any injuries, the cars, their conditions, and positions, while making sure their number plates are visible. 

You may need to get the contact details and statements of any witnesses on the scene. Witness statements are vital in provided 3rd party accounts. You should also look out for surveillance cameras that may have captured the incident. 

Inform Your Insurance Company

Your insurance company should know about the accident. Simply place a call through to them and provide the involved individual’s contact and insurance details only. While doing so, avoid giving out too much information that can be used against you in the future.

It is important not to provide a statement. Typically, you should keep the call short and to the point, to avoid giving out too much information than required. 

Get an Attorney

You need to contact an attorney after an accident with a suspected distracted driver. Not just any attorney but distracted driving injury attorneys, as they have the expertise in handling this specific case. 

They’ll review your case with all the details and offer advice on the next course of action. These attorneys will also represent you in court or help with out of court settlements. With the right distracted driving injury attorney, you get compensated correctly and avoid the hassle of paperworks and negotiations. 

What You Shouldn’t Do

Now you know the legal steps to take if you’ve been injured by a distracted driver. However, some things can hamper your bid to get the compensation you deserve. Here are what you shouldn’t do: 

Do Not Apologize: Empathy is good but apologizing will destroy your case. Do not apologize as it can be used against you to prove you were at fault. 

Avoid Confrontation: confronting the other party is unwise, especially after an accident where you may have other unknown injuries. Keep conversations civil and backout from any confrontations. 

Do Not overshare With The Insurance Company: people tend to say too much when reporting their accidents. Keep the conversation brief so you don’t give them any information that can be used against you. 

Final Thoughts

Vehicular accidents caused by distracted drivers are on the rise and you should know the best legal route if you’re ever involved in any. This simple guide will help you get your deserved compensation. It will also prevent you from damaging your case. 

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Janice Ruiz

Janice Ruiz

Janice Ruiz is a paralegal who comes from a long line of legal professionals in her family. When not working or writing, she enjoys watching documentaries about true crime events.

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