When it comes to distractions on the road, texting while driving is by far the most detrimental. Statistics from the National Highway Traffic Safety Administration (NHTSA) show that distracted driving contributed to the deaths of 6% of drivers in collisions. And more than 480,000 drivers are distracted daily by their mobile phones.
Suppose you’ve been gravely hurt by a distracted driver in California. In that case, The Soliman Firm has the best texting and driving car accident lawyers to review your case, advise you on how to proceed with a personal injury claim, and ensure that you receive a reasonable insurance payment.
Establishing Liability for Texting While Driving
Most state mobile phone laws prohibit texting while driving. Many jurisdictions also impose further limitations on young or inexperienced drivers. Evidence pertaining to the collision will aid in proving the driver’s liability. Even in cases where there is inconclusive evidence that the other driver was texting at the time of the crash, police records, witness testimony, and other traffic infraction evidence are frequently sufficient to prove liability.
7 Ways to Strengthen Your Case Following a Texting and Driving Car Crash
Here are steps you need to take to protect yourself following a texting and driving car accident.
1. Call 911 to Inform the Police and Request Assistance
The first thing to do after an accident is to call for help from the local police and seek immediate medical attention. You must alert the dispatcher immediately if anyone is injured. Provide specific details about your location and let them know if you or someone else is trapped or in danger.
2. Get Medical Care Right Away
Arrange to see a general practitioner the same day, even if the first responders did not rush you to the emergency room. You may lose your right to financial compensation if you refuse or postpone medical care. In addition, the claims adjuster will quickly reject your claim, alleging your injuries are unrelated to the incident.
3. Gather All the Evidence
Videotape and photograph the incident. Take as many pictures and videos as you can. They can display the location of the crash, skid marks, and stop or traffic signs that the texting driver disregarded. Photos of the driver’s mobile phone and visible alcohol containers provide excellent evidence. A sound-enabled video may show the at-fault motorist acknowledging responsibility for the collision.
Find any eyewitnesses to the accident. Witness testimony is critical, particularly if they witnessed the driver texting just before the collision. A strong proof of negligence is a witness attesting they overheard the driver remarked, “I answered a call from my son’s school,” or “I was responding to a text from my wife.”
Acquire phone records. Obtaining the phone records will verify that the driver was on their phone at the time of the accident. The Soliman Firm lawyers can help you get a subpoena for the driver’s phone records.
4. Get the Police Report
The officer in charge of the investigation will confer with the drivers and anyone present during the collision. The officer will complete an accident report after the investigation is complete. The report should include information on the drivers involved, pictures of the scene, comments from witnesses, any given tickets, and the officer’s assessment of culpability.
5. Obtain Your Medical Bills and Records
To a large extent, the amount of your claim will depend on the cost of your medical care. Maintain a record of your out-of-pocket expenses and the mileage you’ve incurred getting to and from medical and therapy sessions. While you are at it, it would be best also to validate your lost wages. Request a statement from your company detailing your lost earnings and any vacation or sick leave you took during your rehabilitation.
6. Journal Your Experience after the Accident
Make a list of everything you remember about the accident, how it happened, and the aftermath. Then, throughout your recovery, keep thorough notes to chronicle any discomfort, physical restrictions, sleep issues, unpleasant dreams, and anything else connected to your injury. Your journal will provide compelling proof of your anguish and emotional misery.
7. Seek Legal Counsel
The Soliman Firm’s texting and driving car accident lawyers provide free, private, and no-obligation consultations to all prospective clients seeking legal assistance in California. Your appointed lawyer will have access to resources you wouldn’t otherwise have, such as the other driver’s phone records, insurance coverage restrictions, and personal assets. In addition, they can help you figure out what you’re entitled to and what you should do following a vehicle accident, as well as the best way to proceed.
Find the Best Texting and Driving Car Accident Lawyer for Your Case
Are you a victim of a distracted driver? Contact the best texting and driving car accident lawyers in California to arrange a consultation and speak with attorneys committed to working tirelessly to ensure you get the justice and compensation you deserve.