If your vehicle is struck by a distracted driver, the steps after the accident are similar to any other accident – except for one key difference. Accidents are extremely stressful and unexpected. Even if you are the world’s most careful driver, you could find yourself in a car accident at least once in your lifetime. If you have been hit by a distracted driver and you know they were distracted (or they admitted to such), it is important you take the following steps to preserve your claim.
It is easy to get worked up after an accident, but you need to remember to stay calm. Do not become agitated toward the other driver, aggressive or even blame them. Any misconduct on your behalf could make law enforcement consider you responsible for the accident. Instead, take a deep breath, remain calm and wait for law enforcement to arrive.
Call for Help
Check on everyone in your vehicle as well as the other vehicle(s) involved. Then, contact the authorities. If there are serious injuries, call 911 right away. Even if you are in doubt, call an ambulance to assess passengers so that you can be on the safe side.
Carefully Talk to the Other Driver
You cannot avoid the other driver, but you must be cautious about what you say to them. You can exchange contact information, insurance info and even get the names and contact information of their passengers. If you know you are at fault, do not let them know that. If they admit to using a cellphone or being distracted, note it.
Take your own notes – never rely on the police report to articulate the scene. You need to write down what you were doing before, during and after the accident. Most importantly, what was the other driver doing? For example, you looked into your rear view mirror and saw that they were on their cell phone. Write this down. Your attorney can always request cellphone records later to prove they were in fact on the phone while driving.
You should write down the time the accident happened or the approximate time if you cannot remember exactly. Also, note the weather conditions, where the accident happened, etc. Were you slowing down at a yellow light? Were you getting ready to turn and had your signal on? Even minor details can make a difference later, so it is best to note everything.
Contact an Attorney
Proving that the other driver was distracted often requires the assistance of an attorney. If you feel you were the victim of a distracted driver, contact Horn Law to assess your case. We have years of experience helping accident victims just like you receive the compensation they deserve in these types of accidents and we can help you too. Contact us at 816-795-7500 for a free consultation or fill out an online contact form and an attorney will be in touch with you shortly.