What Should I Do After an Accident With a Distracted Driver?

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Distracted driving causes thousands of injuries and deaths across the U.S. each year, becoming a serious public safety issue in the past decade.

If you or a loved one suffered injuries in a distracted driving crash, you might face a tough road of healing, legal questions, and uncertainty about what lies ahead financially. Knowing what to do after a crash can help you recover and get proper compensation for your losses.

The best step is to consult a car accident lawyer as soon as possible.

The Reality of Distracted Driving

Distracted driving means not focusing on the road. This can be texting, eating, using a GPS, or talking to passengers. Texting while driving is very dangerous.

The National Highway Traffic Safety Administration says that texting for a few seconds is like driving blindfolded for the length of a football field at 55 miles per hour. This shows how important it is to pay full attention while driving.

Steps to Take After Experiencing a Distracted Driving Accident

Recovering from a distracted driving accident can be complicated, especially if you suffered an injury. Knowing what to do afterward is important to protect your health, rights, and finances. Here’s what you need to focus on after the incident has occurred:

Prioritize Your Health

If you haven’t already, seek medical attention as soon as possible. Some injuries may not seem serious at first but can cause lasting harm. A complete medical checkup can find any hidden issues and document your accident injuries.

Documentation Is Key

After the accident, keep track of your injuries and recovery. Document medical visits, treatments, missed work, and daily life changes. This helps with insurance claims and legal action.

Contact Your Insurance Company

Inform your insurance company about the accident if you haven’t done so. When you talk to insurance reps, give only facts about the accident and your injuries. Don’t say anything that might sound like you’re admitting fault. Insurance companies often aim to pay as little as possible, so be careful.

Consult a Legal Professional

Consulting a lawyer who knows about distracted driving accidents can offer valuable advice.

A car accident lawyer will:

  • Explain your rights
  • Accurately determine the value of your claim
  • Suggest the best steps to take to recover compensation

A car accident lawyer can also handle insurance claims and negotiations for you.

Beware of Quick Settlement Offers

Insurance companies often make quick settlement offers after accidents. These offers are usually lower than what you deserve. Before accepting, talk to a lawyer to ensure it covers all your expenses and losses from the accident.

Why Do I Need an Attorney After a Distracted Driving Accident?

Hiring a good lawyer can greatly impact your personal injury case. A lawyer can handle talks with insurers to prevent unfair offers. If needed, a lawyer can also fight for your compensation in court. Ultimately, a legal advocate can ease your burden so you can focus on healing.

It’s wise to take a few specific actions after an accident. Seek medical help, keep detailed records, communicate with your insurer, and consult a lawyer. These steps aid in your recovery and prepare you for legal matters.

Dealing With Insurance Challenges

Dealing with insurance after a car accident can feel overwhelming. Insurance companies may try to pay you less than you deserve. It’s important to go over your policy and rights with your attorney.

Usually, the other driver’s insurance should pay for your damages. However, getting a fair settlement might take time and legal help.

What Are the Damages Available After Being Hit by a Distracted Driver?

If a distracted driver injures you, you may face physical injuries and financial burdens. Knowing the damages you can get for support during your recovery is helpful.

Here’s an overview of the types of damages you might be entitled to:

Economic Damages

Close-up of woman's hands with broken arm signing insurance papers post-car accident at home.

Economic damages are compensation for financial losses directly resulting from the accident.

These can include:

  • Medical Expenses: This helps with medical care for your injuries, including hospital stays, doctor visits, and therapy. It covers past, present, and future treatments and any equipment needed.
  • Lost Income: If your injuries prevent you from working, you can seek compensation for your lost income. This also covers future earnings if your injuries affect your ability to work in the long term.
  • Property Damage: If your car or other items got damaged in the crash, you might get money for fixing or replacing them.

Non-Economic Damages

Non-economic damages compensate for non-financial losses, which require an experienced lawyer to quantify:

  • Pain and Suffering: Pain and suffering covers the physical pain and emotional distress you’ve experienced due to the accident and your injuries.
  • Loss of Enjoyment of Life: If your injuries prevent you from enjoying hobbies and activities you once did, you may be compensated for this loss.
  • Emotional Distress: This includes anxiety, depression, and other psychological effects stemming from the accident.
  • Loss of Consortium: If the accident impacts your relationship with your spouse, you may receive compensation for loss of companionship or support.

Punitive Damages

In some cases, you may receive punitive damages. Punitive damages punish the at-fault party for reckless behavior, like texting while driving. They prevent similar actions. These rare damages vary depending on the case and state laws where the accident happened.

How to Pursue These Damages

After an accident, gather detailed records of your injuries and financial losses. A lawyer focusing on personal injury cases, especially distracted driving crashes, can seek fair compensation for you. A lawyer can guide you through legal steps, deal with insurers, and represent you in court if needed.

How a Car Accident Attorney Can Help You

Getting help from a lawyer who knows about distracted driving can make a big difference.

Here’s how a lawyer can support you:

  • Case Evaluation: An attorney can assess your situation to advise on the best path forward.
  • Insurance Negotiations: Lawyers with experience dealing with insurance companies can fight for a fair settlement.
  • Calculating Damages: They help ensure all damages, including medical bills, lost earnings, and emotional distress, are fully accounted for.
  • Court Representation: If necessary, an attorney can represent your interests in court, striving for the justice and compensation you deserve.

Contact a Car Accident Attorney to Start Your Path to Recovery

William Pemberton, Personal Injury Lawyer
Car Accident Lawyer, William Pemberton

After a distracted driving accident, you may face physical, financial, and emotional challenges. Remember, there are resources to help you. Reach out to an experienced personal injury attorney for advice and representation.

The road to recovery after a distracted driving crash differs for each person. By making informed choices and seeking legal support, you can move forward financially and help create safer roads for everyone.

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