Car accidents caused by texting and driving are incredibly dangerous. Sadly, they happen far too often. If you or someone you love was injured in a crash caused by a driver who texted behind the wheel, you may feel overwhelmed, scared, and unsure of what to do next. This blog will guide you through the important steps to take if you find yourself in this situation. We'll cover everything from seeking medical attention to dealing with insurance companies to knowing your legal rights. By the end, you'll have a clear action plan to protect yourself and your loved ones. If you or a loved one has been injured in an accident by a texting driver, reach out to a knowledgeable car accident lawyer to ensure your rights are protected and to pursue the compensation you deserve.
Seek Medical Care Immediately
Seeking prompt medical evaluation and care should be your top priority after being involved in an automobile accident caused by a distracted driver. No matter how minor your injuries may seem, do not tough it out or assume you'll be fine. Get checked over by a licensed medical professional. Many serious injuries can be difficult to detect right away and can potentially worsen if left untreated. Common car accident injuries like whiplash, concussions, and internal bleeding frequently have delayed symptoms that don't manifest until hours or even days later. By that point, the injuries could become more severe. They might require much more extensive treatment. Failing to seek medical care puts your health at grave risk. It can also jeopardize your ability to pursue a legal claim against the negligent driver down the road. Whenever you visit an emergency room, urgent care clinic, or primary doctor after the accident, be upfront. Explain the full details of what occurred. Make it clear to the physicians that you were struck by another driver who was distracted and texting when the collision happened. Having their official medical records reflect that the crash was caused by the other motorist's reckless behavior could become valuable evidence if legal action is necessary.Follow Your Doctor's Treatment Plan
Missing appointments, skipping therapy sessions, or neglecting other recommendations will only hinder your recovery. It could also potentially undermine your injury claims later. The goal is to show that you have been doing everything in your power to facilitate healing and mitigate long-term damages.
Keep copies of all documentation associated with your care.
This includes:
- Doctor's notes
- Hospital receipts
- Bills for medication or medical equipment
- Records of therapy sessions attended
- Anything else pertaining to the injuries sustained from the distracted driving accident
- First, you're giving yourself the best possible chance at making a full recovery from any injuries.
- Second, you're gathering the proof needed to show the distracted driver caused your injuries if you need to make a legal claim.
Report the Accident
If the police did not come to the scene of the accident, you need to file an official report with the local authorities as soon as possible after seeking medical attention. Having a police report documenting the other driver's texting can be extremely helpful if you decide to take legal action. Provide the police with specific details like:- The date, time, and location of the accident
- The other driver's name, contact information, license plate number, etc.
- A description of how the accident happened, clearly stating you saw the other driver texting
- Names and contact information for any witnesses
- Photos from the scene if you were able to take any
Document Everything Thoroughly
Good documentation will be your friend throughout this entire process. The more records you keep, the stronger your case will be if legal action becomes necessary. In addition to official reports and medical records, be sure to hold onto:- Photos and/or videos from the accident scene
- Contact information for any witnesses
- Copies of communication with the other driver and/or their insurance company
- Notes detailing your recollection of how the accident unfolded
- Records tracking any missed work, childcare costs, transportation expenses, and other accident-related costs
- Your vehicle repair estimates or records if it was damaged
Contact Your Insurance Company
Reporting the accident to your own auto insurance provider is a key step. It should not be overlooked, even if the other driver clearly caused the crash by texting. Your insurance policy requires you to promptly tell the company about any accidents. This is usually within a specific time, like 24 to 48 hours. Failing to meet this notification deadline could result in penalties or even a loss of coverage. Make this one of your top priorities right after seeking medical attention. When you contact your insurance company to report the details of the accident, tick to the basic facts without admitting any fault or casting blame. Calmly explain when and where the accident took place. Identify the other driver involved. Confirm that their distracted driving by texting appears to be the cause of the collision. Let them know if any injuries were sustained. You'll want to avoid going into extensive details about the specifics of the crash itself at this point. Your insurance agent will follow proper procedures to obtain the official police reports and other documentation later. One key aspect to keep in mind is the importance of not giving any recorded statements to the other driver's insurance company. Wait until you've first had a chance to talk with an experienced personal injury lawyer. The statements you give, even casually on the phone, can potentially be used against your interests later if not handled correctly. An attorney can coach you on exactly what information to provide, as well as what details to avoid mentioning that could inadvertently hurt your ability to seek full compensation down the road. Insurance companies, even your own provider, are inherently motivated to minimize payouts as much as possible to protect their profits. They may try to take statements out of context or have you say something that implies the accident was partially your fault. A skilled lawyer will ensure you don't make any damaging statements. A lawyer can advise you when it is right and legal to give a full account of the accident. They can also tell you how to word things to capture the other driver's negligence without any doubts.Understand Your Rights
If you were injured due to another driver's negligence - like texting behind the wheel - you may be entitled to compensation for your medical bills, lost wages, vehicle repairs, and other damages. An experienced personal injury lawyer can determine if you have grounds to file a claim or lawsuit. Key factors that often affect these cases include:- The severity of your injuries and whether they prevented you from working
- How much time you missed from your job due to injuries
- If the other driver received a citation for texting and driving
- The strength of the evidence showing the other driver was distracted
- How much your medical treatment costs have been so far (and future projected costs)
- The emotional trauma you endured because of the crash
- Whether you'll experience any long-term disabilities or disfigurements
Know the Statute of Limitations
One of the most important reasons to act quickly after a texting-while-driving accident is the statute of limitations. This is a legal deadline that restricts how long you have to file a personal injury claim or lawsuit against the at-fault driver.
The statute of limitations exists to ensure cases are addressed in a reasonable timeframe while evidence is still available and memories are fresh. However, these time limits vary considerably depending on your state.
In most states, the statute of limitations for filing a personal injury lawsuit related to a car accident is between 1 and 3 years from the date the accident occurred. However, there are a handful of states where you may have as little as 1 year or as many as six years to take legal action.
Initiate the claims process before that deadline passes. If you fail to file your lawsuit against the distracted driver before the statute of limitations runs out, the court will most likely dismiss your case.
And at that point, you'll lose your ability to pursue compensation for:
- Medical treatment for your accident-related injuries
- Reimbursement for lost wages if you missed work
- Payment for repairs or replacement of your damaged vehicle
- Money for other economic losses caused by the crash
- Potential compensation for your pain, suffering, and emotional distress
Don't Wait to Speak to a Personal Injury Lawyer
