If you’ve been involved in a crash with someone who was distracted while driving, there are steps you can take to protect your claim, your case, and your future. Here’s what to do.
Call the Police and First Responders
After a crash with a distracted driver, call the police as soon as you can and wait for them at the scene of the crash. If anyone is hurt, call 9-1-1 and request an ambulance. When a police officer arrives, comply with their instructions, and let them know everything that happened—including that you think the other driver was on their cell phone.
A police officer is not allowed to seize or search the other driver’s cell phone based off your suspicions, but they can include this information in the police report for official records.
Collect Evidence at the Scene of the Crash
Collecting evidence at the scene of the crash can help your case if you suspect the other person was driving. If it’s safe, and you’re able:
- Take pictures of the crash scene (a cell phone camera is fine)
- Get the contact information of any eyewitnesses
- Swap names, contact information, and insurance details with the other driver, being careful not to apologize or make other statements that could jeopardize your case later.
You should only try and collect evidence if it’s safe to do so. Getting a few cell phone photos isn’t worth it if means further risking your health and safety.
Get Medical Attention
You should always get medical help after a car crash, no matter the severity of your injuries. A doctor can help you identify hidden injuries, treat your wounds, and get you on a good path to healing. Plus, the medical records from your visits can be used as evidence in your insurance claim or lawsuit.
Call a Distracted Driving Accident Lawyer
Hiring an injury lawyer after a car crash that wasn’t your fault is a good idea for many reasons. If the driver who hurt you was texting and driving, your attorney can help you obtain and preserve their cell phone records to prove their distraction caused the crash.
In an auto accident case, it can be extremely difficult—if not impossible—to get these cell phone records without the help of a distracted driving accident attorney. A personal injury attorney has the power to serve both the driver and the driver’s cell phone company with a subpoena to obtain their cell phone records from the day of the crash. They can also issue a preservation letter to demand the offending driver keep logs of cell phone calls and text messages, meaning that if they delete texts, they could be guilty of destroying evidence.
If you or a loved one has been injured in a car crash involving distracted driving, you should connect with a law firm that knows how to handle complex personal injury cases as quickly as possible. Your legal team can help you understand your options, spearhead your legal efforts (including filing a personal injury claim against the relevant insurance companies), and support you as you recover.
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