Pablo Luna
Being a victim of a distracted driver accident can affect your life drastically. You might face minor injuries or major ones that will require a long recovery journey. You might feel frustrated from the financial burden as well as the physical and mental disturbance as well. Despite those reasons, you shouldn’t panic after being in a distracted driver accident, and here is why.
You need to Call the Cops
Panicking will definitely keep you from reacting correctly and going through the correct steps that you must follow. The first thing you should do is call the police. You have to report any injuries, even if these are minor. A police officer will be present after a few minutes from your call to write a report. Do not keep any details to yourself, you have to tell the officer everything that has happened and be sure to mention that you believe that the other driver was actually distracted. Hand over any pictures or videos that you think may help your case.
You Have to be Alert
There will probably be witnesses of the accident and that might ensure you can prove you’re not at fault. Panicking won’t allow you to look for witnesses and ask them to stay with you until the police arrive. A witness does not have to testify that the other driver was at fault, someone who’s sure that you were driving safely will do just fine. You shouldn’t leave the accident scene until the police or an ambulance arrive if you were injured. You should make sure that the other driver doesn’t leave the scene as well. It is best that you don’t have any side conversations with the guilty party.
Know and Protect Your Rights
You should know and understand your rights to know what you deserve and what steps to follow to ensure you will receive them. You need to contact an attorney to ensure that you will have a legal stand and to have someone who can protect your rights for you. Lawyers over at brookslawgroup.com/tampa/car-accident-lawyer/distracted-driving-lawyer/ stated that 40% of the accidents that occurred in Florida involved a distracted driver. If the investigation proved that the other driver was indeed distracted or the other driver admits that he was actually distracted, you will be provided with compensation and the other driver will have to take care of your medical bills. In cases of life-threatening injuries or fatal injuries, the guilty party can be subject to a criminal offense.
Cell Phone Records
Distracted driving is a case in which the driver is focusing on something else other than driving. There are many ways that a driver can be distracted and most of them can be proven. Texting is said to be the most alarming distraction because it causes more than one distraction at the same time: manual, visual and cognitive. Texting will require the driver to read a message, process the message, and then type a response, which will take an average of 5 seconds and that is enough time to cause dangerous damage. If you believe that the other driver was texting while driving, cell phone records can prove your claim. Keep in mind that only legal authorities can get access to those records. Talking on the phone is similar to texting and can be proven the same way.
Eating or drinking while driving is a manual distraction that many people think is a harmless practice. While it does seem simple to eat or drink while driving, it gives the driver less time to steer the wheel and react to road hazards and may cause serious damage to any involved parties. If a driver was eating or drinking while driving, it can be proven from the remains still in their vehicle.
You Need to Take Pictures and Videos
Visual indicators are the real proof that there was a guilty party. Physical evidence can be strong proof, but visual evidence is just as good. When you are at the accident scene be sure to take pictures of anything that you think could help your case. If you have noticed that the guilty driver was distracted before the accident, mention it to the police officer writing your report. This information will help the police to conduct checking of surveillance cameras around the area and prove your claim.
You might feel angry or frustrated being in a distracted driver accident but you must refrain from having any conversation with the other party because it will probably be a heated discussion and you might say something wrong that will hurt your case. Never forget to get the other driver’s contact information as well as any other witnesses. Understanding your rights and ensuring that you will get them is a crucial part of the process, so make sure you contact a professional attorney that can help you.
