Distracted driving accidents have been on the rise in recent years. Texting and talking on the phone are two of the most common distractions, but anything that takes your focus away from the road can be dangerous. Distracted driving is a serious problem, and it’s essential to understand the risks involved before you get behind the wheel. If you have been injured in a distracted driving accident, it is vital to know your rights and how to get compensation for your injuries. Here’s what you need to know about getting compensation for a distracted driving accident.
Hire A Distracted Driving Accident Lawyer
Having a lawyer representing you can make a big difference in the outcome of your case in Albany. An experienced Albany distracted driving attorney can help provide evidence for your case and represent you in court if necessary. They can also negotiate with insurance companies on your behalf to ensure you receive adequate compensation for your injuries.
The best way to find a lawyer is by referrals from friends or family members. You can also search for personal injury lawyers who specialize in distracted driving accidents on the internet. When you meet with the lawyer, ask them about their experience with these cases and how often they have represented clients in court. Also, ask about their fees and whether or not you will need to pay anything upfront before starting the case.
Document The Accident
It includes taking pictures at the scene, writing down details about what happened before and after the incident took place, as well as obtaining medical records from any doctors who treated you for injuries related to distracted driving accidents, getting contact information from eyewitnesses, and filing a police report if necessary. If possible, try to get video footage of the incident. All of this evidence will help in your case when trying to receive compensation for your injuries.
Get Medical Attention
If you are injured in an accident, you must seek medical attention right away. It will provide evidence you were injured in the accident because it shows you sought treatment shortly after being in an accident with distracted driving behavior. It would be best to have doctors’ visits documented by having appointments with various healthcare providers before and after the accident.
Get A Police Report
Whether or not you were injured in a distracted driving accident, you must file a police report as soon as possible to document the incident and prevent future accidents caused by the same person. You can usually request this report directly from the police department, but if they cannot provide it, try contacting an attorney who specializes in your type of case for assistance.
Who Is Liable For A Distracted Driving Accident?
When it comes to auto accidents, liability does not automatically lie with the negligent party. The court system in America demands plaintiffs to prove beyond reasonable doubt who was at fault. This becomes harder when distracted driving is involved because multiple factors are usually present when an accident occurs. It’s possible for more than one person to be at fault. Even though it may appear obvious which driver was responsible, it can still be difficult to prove. You will need to get witness statements that prove they were distracted when your accident occurred.
File A claim With The Other Driver’s Insurance Company
You must show that another driver was distracted while driving to get compensation for your injuries. There are many different distractions drivers can experience, including texting while driving, talking on the phone, eating food while at the wheel, taking selfies, trying to navigate using a GPS device, etc. Your next step is getting strong evidence of what distracted them so you can build your case correctly. If you are confident that the other driver was distracted by their cell phone when they caused your accident, it is essential to subpoena their records. Many states have laws that state that cell phone companies must release records if necessary for legal investigations. It is important to note, even if the other driver was not using their phone at the time of your accident. You might still be able to get compensated for your injuries.
If you have been injured in a distracted driving accident, it is essential to take the necessary steps to compensate for your injuries and damages. It includes filing a claim with the other driver’s insurance company, hiring an attorney specializing in these types of accidents, and documenting everything related to your accident. Taking these steps can help ensure fair compensation for your injuries and damages caused by distracted driving accidents.