A car accident caused by a texting driver, also known as distracted driving, can leave you with physical injuries, emotional distress, and a mountain of questions about your case.
But know that you're not alone. Don't let a texting driver's negligence get the best of you. Take control and empower yourself with the information you deserve by reading below and consider reaching out to one of our Fort Lauderdale car accident attorneys today.
Key Takeaways:
- Seek medical attention as soon as possible
- File a police report
- Keep receipts for expenses related to your damages
- Notify your insurance company
- Prioritize your well-being
- Schedule a consultation with a car accident lawyer to understand your rights and options for compensation
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A Texting Driver Hit You. What's Next?
Not only have you suffered physical harm from an accident with a texting driver, but you're also dealing with the anger and frustration of someone else's actions.
Stay calm and take the right steps forward to protect yourself.
Here's what you need to know:
1. Prioritize Your Health
- Seek Medical Attention: Even if you think you're okay after the accident, it's still worth it to see a doctor if you haven’t already. Some injuries, like whiplash, don't show symptoms immediately, and getting checked not only helps your well-being but also creates a medical record for potential legal needs.
2. Document the Accident
- File a Police Report: This official document records the accident details, collects witness statements (if available), and establishes a timeline of events. If a police report wasn't filed at the scene for whatever reason, the timeframe for filing one can vary depending on your location. A car accident lawyer can help you determine the deadlines and procedures for filing a report in your area.
3. Gather Evidence
- Request Police Report: Whenever a police report is filed, it’s worth it to get a copy of the official report for your personal records.
- Identify Witnesses: If you can, ask anyone who saw the accident for their contact information and a description of what they saw.
- Take Photos: Capture images of the scene, vehicle damage, road conditions, and any visible injuries.
- Keep Receipts: Collect receipts for car repairs, medical bills, and replacements for damaged belongings.
4. Protect Your Rights
- Inform Insurance Company: Notify your insurance company about the accident as soon as possible.
- Focus on Yourself: Prioritize your physical and emotional well-being throughout this process.
- Talk to a Lawyer: A car accident lawyer can help your case, especially if you have injuries, extensive property damage, or feel unsure about your rights. They can ultimately help you through the legal process and advocate for your compensation.
Think of a car accident attorney as your legal GPS. They'll:
- Be your legal translator: Time limits, different claims, confusing terms? They'll explain it all, keeping you informed every step of the way.
- Fight for every penny: It's not just medical bills and lost wages. Did you suffer mental anguish? Was the driver extremely reckless? They'll explore all options to get you as much compensation as possible.
In addition to that, hiring a lawyer early is like having a built-in stress reliever.
You can focus on healing while they:
- Handle the insurance company: They'll negotiate to help you get the compensation you deserve.
- Gather evidence: They'll uncover things needed to build a strong case.
- Deal with paperwork: From forms to deadlines, they'll handle the legal side of things, leaving you free to breathe.
Compensation in a Car Accident Case Involving Distracted Driving
The law grants you the right to comprehensive compensation, ensuring that the reckless actions of another don't leave you bearing the financial burden.
You may recover compensation for:
- Medical bills: From ambulance rides to ongoing therapy, the costs can quickly add up.
- Lost wages: Missing work due to injuries can significantly impact your income, both now and in the future.
- Pain and suffering: The physical and emotional scars and the limitations you face deserve recognition and compensation.
- Property damage: Your car, phone, and personal belongings deserve to be repaired or replaced.
- Loss of enjoyment of life: Activities you can no longer enjoy due to your injuries shouldn't be forgotten.
Time Limits Matter in Car Accident Claims:
Each state sets a time limit, called the statute of limitations, for suing after an accident. Missing this deadline could bar you from getting compensation, so act quickly.
Most cases:
- You typically have one to four years from the accident date to file a lawsuit, depending on the state where the accident happened. (Florida’s statute of limitations gives you two years.)
- Exceptions: For minors or when the at-fault person leaves the state, the deadline might pause (toll).
Government claims:
- Claims against government entities often have shorter deadlines, sometimes just six months to one year.
Texting and Driving: An Alarming Reality Worth Noting
While 48 states have outlawed texting and driving, Montana stands alone without a total ban and Missouri applies it only to young drivers. Even stricter federal regulations exist for government employees, railroad workers, and commercial drivers using electronic devices behind the wheel.
Despite the rules, hands still reach for phones: Shockingly, during daylight hours alone, hundreds of thousands of drivers across the U.S. actively hold their phones while driving. This behavior, along with other forms of distracted driving, can lead to deadly consequences.
According to the U.S. Centers for Disease Control (CDC), approximately 3,000 individuals suffer fatal injuries yearly due to distracted driving, such as texting while driving. This is approximately nine people every day. So, the message is clear: Texting and driving is not just illegal in most places, it's deadly.
Discuss Your Texting Driver Accident With a Car Accident Lawyer Today
Being in a car accident caused by a texting driver can have lasting effects on your life. But you don't have to passively accept the situation. Instead, you can take action by getting proper care and legal support.
While this won't undo what happened, it can help you pursue the compensation you deserve for your injuries and losses. Reach out to an experienced personal injury attorney at our law firm to learn how they can assist you.