Injured by a Distracted Driver? Here's What You Should Do Next

Did you know that distracted driving violations grew by 48% in the first six months of 2024 in the US?

The simple act of driving can still pose a real danger due to distractions and accidents often result in severe injuries and lasting consequences for victims.

Distracted driver accident lawyer Kevin Cheney says distracted driving isn’t limited to texting.

Anything that takes the driver’s attention away from focusing on the task of driving like eating or drinking, talking on the phone, texting, or even talking to another individual in their car can cause distraction.

If you’re a victim of an accident caused by a driver who wasn't paying attention, you can lighten your burden from this unfortunate situation. Here’s how.

Ensure Your Safety First

If a driver who was not paying attention caused an accident that hurt you, you should put your safety first. Take a look at yourself to see if you got hurt. You should also check to see if your companions were hurt if you have any. You shouldn't try to move them by yourself because you might hurt them more.

Do not worry and look around. Now is the time to move to a safer area away from traffic. Make sure to turn your hazard lights on to let other cars know you are there.

Be careful when calling 911 on a busy highway. Only do it if you can do it safely. If you can, take shots of the scene, the cars that were involved, and the area.

According to Costa Mesa wrongful death lawyer W. Douglas Easton, if your family member recently died due to the actions of another party or if a driver wasn’t paying attention—texting, using apps, dabbling with devices—you may have grounds for a wrongful death claim.

And it is vital that you consult a wrongful death lawyer as soon as possible if you intend to hold the party at fault accountable.

Seek Immediate Medical Attention

You should see a doctor after the crash even if you feel fine. After a few hours or days, injuries that were hidden, like concussions or internal bleeding, might show up. Get a medical record of your health because you will need it later if you want to file a claim or go to court over the accident.

Talk to your doctor right away if you feel dizzy or have headaches, because these symptoms could mean something more serious is wrong.

Always adhere to the medical advice given. Make sure to record all treatment details, as well as the bills. Your well-being comes first; do not be complacent in seeking medical attention.

Call the Authorities

After you've been to the hospital for treatment, call the cops. This way, the accident will have a formal record, which could come in handy when making an insurance claim or in court.

Talk to the police on the phone and tell them about what happened. Give them information about the other driver, such as where and what time it happened. If you can, stay at the spot with the police. This will help the investigation go more quickly.

The authorities will then assess the situation, take statements and document the evidence. Cooperate with the authorities fully but don’t admit fault.

Gather Evidence at the Scene

While you wait for the police to come, take clear pictures of all the cars that were involved and make notes about the damage and the scene. Take notes on the different lengths and angles you see.

Take note of weather or road conditions as well because these might have contributed to the accident. If possible, draw a sketch of the accident site.

Don’t forget to get the names of witnesses and their contact information just so you can enlist their support in your claim.

Document Your Injuries and Damages

Take a picture of the damage to your car and anything else that's been hurt. Keep track of your pain by writing down how bad it is and how it affected your daily life.

Keep track of any medical cards, bills, or receipts you get for care. If you have suffered lost income, keep the proper records. The better your recordkeeping is, the better your case and dealings with insurance companies or in litigation.

Obtain Witness Information

Accounts from bystanders or drivers who saw the incident can be crucial. Approach each witness calmly and ask for their names and contact information.

Ask for a brief statement about what they witnessed, as their viewpoint could help confirm your side of the story.

Independent confirmation of what really went down could significantly support you holding the distracted driver accountable.

Notify Your Insurance Company

Once you have information from witnesses, you should let your insurance company know about the crash. That includes the date and time of the accident, where it happened, and the names and contact information of anyone who saw it.

Make sure to say that you were given a police report. The insurer may want an assessment of damages and liability. So be prepared to answer some questions.

Avoid Discussing Fault at the Scene

Don’t argue about who is at fault for an accident. It’s easy to get mad or blame the car, but that would make things worse.

Don't blame anyone until you know the truth. Make a list of everyone who saw what happened and their name and phone number. Show them the pictures of the crash scene. Tell the driver who caused the crash this information. This will help you stay cool and protect your legal rights.

Consult With a Personal Injury Attorney

Once everything is set, it's time to visit a personal injury lawyer. Your lawyer can tell you about your rights and figure out how much your claim is worth.

Make sure you tell your lawyer everything they need to know about the crash, your injuries, and any calls from the insurance company before you meet with them. They can help you with your case this way.

An attorney can talk to the insurance company and figure out how much you should be paid, so you can focus on getting better.

Don’t skimp on picking the right lawyer because it can have a big effect on your recovery, both on your financial needs and peace of mind.