The modern driver is prone to many distractions. Most common distractions include fiddling with the GPS or stereo, eating while driving, talking to passengers, and cell phones. Each distraction takes the driver's attention and eyes off the road. The smallest one-time distraction puts the driver, their passengers, and other road users at risk.
If you or loved ones are involved in a road accident because of a driver's carelessness, you have the legal right to seek settlement for damages. Such cases are built on the premise of negligence, where the driver does not act as a reasonable person should in that situation. Distracted driving is not reasonable, and an attorney can help you form the basis of a damages claim. However, what can you do to ensure your case is successful?
Gather Facts of the Accident
Even a fender bender can be disorienting. Make sure that the other people affected are safe and call paramedics for medical attention. Even in the case of minor injuries or damage, ensure you call the police and wait for the report.
You can use the resulting police report as evidence. The report contains the officer's assessment of the scene and who is at fault. Gather evidence such as details of the car, motorists, and witnesses at the scene. Also, take photos of the scene of the accident, damaged cars, and injuries. An auto accident injury lawyer can help collect the relevant information and documents if you are not in a position to do it yourself.
Get a Complete Medical Record
Medical records are critical for court trials and insurance claims. Requesting your medical records is not complicated, but may take some time. Most healthcare facilities have forms you fill out before you can get your record. Make your request in writing personally or have a representative request them. A personal injury lawyer can make this request on your behalf.
Don't Share Accident Details on Public Forums
Insurance companies are likely to exploit any opportunity to reduce or deny your injury claim. This includes using details you share on social media. Insurance companies may demand the court's permission to your social media account to gather evidence against you. This includes posts you made before and after the accident. Perhaps you have a video of yourself running in the half-marathon after the accident. The defense will argue your injuries are not as severe as you claim.
Winning a distracted driver auto accident is not automatic. So, you should seek the advice of a personal injury attorney. They can help you gather the evidence, medical records, and institute steps towards a fair settlement.