Getting into a car accident is a traumatizing experience. The shock, confusion, and physical pain can leave you feeling overwhelmed. And when the accident is caused by a distracted driver—someone who was texting instead of paying attention to the road—it can add an extra layer of frustration. This shouldn't have happened, and it's not your fault. You deserve answers, accountability, and the support you need to move forward.
If you were injured in an accident caused by a texting driver, know that you're not alone. Many others have been in your shoes, and there are steps you can take to protect your rights and start putting your life back together. Here, we'll walk through what you can do after such an accident—starting from the immediate aftermath to seeking justice for your injuries.
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Consider These Steps After the Accident
Right after an accident, emotions run high, and it can be hard to think clearly. Every situation is unique and it is impossible to generalize. But there are a few key steps you can consider to protect yourself should you become involved in an accident:
Check for Injuries and Call for Help
Your health and safety come first. Check yourself and anyone else involved for injuries. Even if you think your injuries are minor, it's critical to call 911 and report the accident. Emergency responders can examine you on the scene or take you to a hospital if needed. Some injuries, like whiplash or internal bleeding, may not be obvious right away but could become more serious later.
Stay calm and avoid moving too much if you're in pain. If it's safe to do so, try to stay in your vehicle until help arrives, especially if you're on a busy road.
Document the Scene
If you're physically able to, try to gather as much information as you can from the accident scene. This can help you later when dealing with insurance companies or pursuing a legal claim. Here's what you should focus on:
- Take Photos: If possible, use your phone to capture pictures of the vehicles, any damage, the license plates, and where the cars ended up. Photograph skid marks, debris, road signs, and any other details that seem relevant.
- Collect Contact Information: If possible, exchange names, phone numbers, addresses, and insurance details with the other driver. If there are witnesses, ask for their contact info, too. Witnesses may be valuable resources if there is a dispute about what caused the crash.
Gather and Preserve Evidence of Distracted Driving
If you suspect the other driver was texting at the time of the crash, it's important to gather as much evidence as possible to prove their negligence. An experienced personal injury attorney can undertake to investigate this question.
Seek Medical Attention Immediately
Even if you feel okay right after the accident, it's essential to see a doctor as soon as possible if you suspect some injury. Many injuries from car accidents, like concussions, soft-tissue injuries, or back pain, may not show up immediately but can worsen over time. Delaying medical care can also make it more difficult to link your injury to the accident if you decide to pursue a claim.
Follow your doctor's advice and keep thorough records of all your appointments, treatments, and any medications prescribed. These medical records may later serve as important evidence if you decide to seek compensation for your injuries.
Notify Your Insurance Company
Once you're safe and have had some time to process what happened, it's time to notify your insurance company about the accident. Here's how to approach the process:
Stick to the Facts
When reporting the accident, provide only the basic details—when it happened, where it happened, and the other driver's information. It is generally advisable to avoid guessing or speculating about what occurred.
Be Cautious with Adjusters
If the other driver's insurance company reaches out, tread carefully. Their representatives might seem friendly, but remember that their job is to save their company money—not to look out for your best interests. You can say you're not ready to make a statement or settle a claim until you've spoken to an attorney. If you were a pedestrian, the other driver’s insurance company may be responsible for paying no-fault benefits (in addition to any third-party action you may pursue). This may give rise to a duty to cooperate. An experienced attorney can explain.
Keep All Communication
It may be helpful to document every interaction you have with insurance companies and adjusters. These records will be helpful if any disputes arise.
Understand Your Legal Options
Dealing with the repercussions of an accident can be overwhelming, especially if you're unsure of your rights or how to handle the next steps. If you're considering taking legal action, here's what you need to know:
Why You Should Consider Hiring a Lawyer
When you've been seriously injured in an accident, you may be entitled to compensation for pain and suffering.
An experienced attorney can also uncover evidence of distracted driving, like cellphone use or social media activity, and use it to build a strong case on your behalf.
How a Personal Injury Lawyer Can Help
If you're unsure whether legal help is right for you, it can be helpful to start with a free consultation with a personal injury lawyer. They can explain your options without any commitment. A skilled attorney can handle:
- Investigating the accident and gathering evidence
- Dealing with insurance companies and adjusters
- Representing you in court, if necessary
- Negotiating on your behalf to achieve the maximum possible compensation for your injuries
It's never too early or too late to reach out for help. Whether you're just starting this process or feeling frustrated by delays in your claim, an attorney can guide you.
What's At Stake After a Car Accident
After a car accident, many people are left wondering how they will pick up the pieces. The physical pain, emotional stress, and financial strain can feel overwhelming. Beyond the obvious injuries and damages, car accidents can disrupt nearly every part of your life. Whether it’s mounting medical bills, missed time at work, or the emotional toll of the experience, the impact is often deeper than it first seems.
If your accident was caused by someone else's negligence—especially a distracted driver—it’s important to know what’s at stake and how you can seek compensation to rebuild your life. Here’s what you may be entitled to:
- Medical Expenses: Covers the cost of emergency treatment, hospital stays, follow-up doctor visits, therapy, medication, and any future medical care needed because of your injuries. Some medical expenses are covered by no-fault insurance.
- Lost Income: Reimbursement for the time you’ve had to take off work due to your injuries, as well as compensation for diminished earning capacity if your ability to work has been permanently affected. Some lost wages are covered by no-fault insurance.
- Pain and Suffering: Acknowledges the physical pain and emotional distress you’ve endured as a result of the accident.
- Rehabilitation Costs: Includes expenses for physical therapy, occupational therapy, or other services needed to help you recover and regain independence after your injuries. Some rehabilitation costs are covered by no-fault insurance.
- Home or Vehicle Modifications: For those who suffer long-term or permanent injuries, compensation may cover the cost of making adaptations to your home or car to accommodate new physical needs.
- Loss of Enjoyment of Life: Additional compensation for the ways your injuries have prevented you from doing the activities you once loved.
- Wrongful Death (if applicable): If you’ve lost a loved one in a car accident, surviving family members may be eligible for compensation to cover funeral expenses, loss of companionship, and financial support.
Each case is unique, and the compensation available will depend on your specific circumstances. The first step is understanding what’s at stake and then working with legal professionals who can help make sure that nothing important is overlooked. Taking the time to explore your options can help ensure you receive the full support you need to begin moving forward.
Focus on Moving Forward After the Crash
Recovering after an accident isn't just about compensation—it's also about healing and regaining a sense of normalcy in your life. Self-care is an essential part of this process. Give yourself time to recover both physically and emotionally. Lean on your support system, whether it's family, friends, or a support group for accident survivors.
You don't have to go through this alone. Seeking help—from medical professionals, therapists, or legal advocates—can make a big difference in how you move forward.
Get the Help and Support You Deserve
If you've been hurt in an accident caused by a texting driver, you are likely facing the challenges of recovery and insurance claims. At William Mattar Law Offices, we understand how overwhelming this time can be, and we're here to help. With years of experience handling personal injury cases, we focus on motor vehicle accidents so that you get the expert attention you need.
Our dedicated attorneys can manage your bodily injury or SUM claim, from gathering evidence to negotiating with insurance companies.
Contact us today at (716) 444-4444 or through our online form for a free, no-obligation consultation. We'll listen to your story, explain your options, and fight to make sure you get the justice you deserve.