1. Inform the Officer
When the officer arrives, let them know that you believe the other driver was texting and driving. The other driver might not be willing to admit it, but you need to make it known that you believe this was the case. Don’t argue with the other driver, but do tell the officer and make sure that it gets in the police report.
2. Seek Medical Attention
Even if you don’t think you are injured, seek medical care. Sometimes, the adrenaline from the accident prevents you from feeling injuries until days later after the accident. Seeking medical treatment early provides you with a paper trail in case you need further treatment later. Otherwise, you could end up having to pay for any medical expenses because they cannot be directly tied to the accident.
3. Obtain a Lawyer
There are ways to prove the person was texting and driving by obtaining a subpoena for the phone records, any traffic cams, security cams, or other devices that might have recorded the incident. Also, any witnesses can be pulled in, but you will need an attorney to do this.
4. File a Personal Injury Claim
Your attorney will help you file a personal injury claim that could help you recoup your medical bills, lost wages, and pay for property damage. You might also get awarded for pain and suffering, physical impairment compensation, and damages for emotional distress. If the other person was found to be negligent by texting and driving, they will likely have to pay for your expenses.
5. Don’t Talk to the Other Person’s Insurance
It is typical for the other person’s insurance to try to blame you. They might even contact you to try to trick you into saying the accident wasn’t their client’s fault. Don’t talk to them or answer any of their questions, but refer them to your attorney for any further information. Remember, they do not have your best interests at hand, and today, texting and driving can be proven in court with the right records.
If you have been hit by someone texting and driving, the law is on your side. Sometimes, your attorney can even get the other driver to admit it when they realize their records will be subpoenaed. You have rights, and you need someone who knows how to navigate the court system to prove it. For help with accidents that were not your fault, contact Craig J. Concannon, P.C. for an evaluation of your case. We are here to help with these and many other legal issues.