Texting and driving is an extremely dangerous decision, and unfortunately common in the United States, with California as no exception. Many people believe that they are able to keep their attention on the road while they read a message, look at a picture, or respond with a quick note, but more often than not, these people may realize that they are drifting out of the lane. This is a problem in itself, but the problem is multiplied when an animal runs into the road, a car stops short ahead, or some other obstacle comes up that the texting driver does not have time to safely react to.
If you have been involved in a car accident with someone who was texting while driving, it is important that you make a note of this to the police officer who arrives on the scene and attempt to get as many statements as possible from eyewitnesses, and possibly even the driver who hit you, in order to corroborate your account of how and why this accident was caused.
Read more below about how to handle these types of situations, what to do in the situation immediately after the accident, and how we can help you get the money that you deserve while giving you the support you need to get through this difficult, complex time in your life. Contact us now to schedule a free initial consultation so that you can speak about your experience and get a better understanding of how we can work with you to make sure that you are financially protected as you are focusing on recovery.
What To Do After an Accident in Orange County With Someone Texting and Driving
As with any accident, the most important thing to do immediately after a car accident is to make sure that you and your passengers are safe, and get an idea of any injuries that were incurred. If you are able to, contact the police or call 911, inform them of what happened, how many people you are with, and let them know about what injuries you are aware of. This will help them to determine how many responders need to get to the scene, and what to expect when they get there.
Call the Police
Let the police know that you saw the other driver using their cellphone as soon as you are able to. This will go into their report, and will play a large role in the next steps as we deal with their insurance company and probably their lawyers as they try to limit the amount of money they pay out. Gathering eyewitness accounts or surveillance footage is also extremely helpful because it establishes multiple accounts that say the same thing: that the driver was breaking the law and created a dangerous situation on the road.
See a Doctor
Obviously, seeing a doctor is extremely important to make sure that you are able to make a full recovery and that no undetected injuries are left until they become worse over time. In addition, you will have a paper trail starting on your first visit that will help to paint the picture even more clearly to the judge, jury, and insurance company about the way that you have suffered as a result of the accident. Without this documentation, the insurance company will rightfully question the nature of your injuries, the validity of your claims, and whether or not the injuries stemmed from the accident or not.
Seeking Damages in a Personal Injury Lawsuit
Once it has been established that you suffered measurable injuries, that your injuries were caused by someone else’s actions, and that we believe you deserve compensation for them, we will first attempt to negotiate directly with the insurance company for a fair settlement. In order to calculate what we believe is a fair amount, we will need to do extensive work to compile all of the financial impacts that you have endured, such as lost wages, medical bills, surgical costs, and more. In addition, we will take note of each non-economic impact that your injuries and the accident has had as well, including things like the actual pain you endured, and the suffering that you had to go through in the aftermath. While these are harder to calculate than truly financial impacts, they are equally important and we will fight aggressively for you to get everything you deserve.
Speaking with an Orange County car accident lawyer at Timothy J. Ryan & Associates for a free consultation can help you get answers to your most pressing questions.