If you visit a fast food restaurant, you may opt to go through the drive-through so you can fast service. Unfortunately, accidents do happen in the drive-through. These accidents can be caused by the other driver or the eatery could be at fault.
The drive-through could have a bad, unsafe design, or there could be issues, such as it being improperly marked that leads to the accident.
You can suffer a variety of damages from an accident in the drive-through. You should do everything that you can to gather evidence and supporting documentation to help your claim against the liable party. If possible, get photos of the accident scene and of the damages.
Be sure to get the vehicles at different angles and of the damages. You want to show the point of impact and how the cars hit and the location of each vehicle.
Be sure to exchange contact information and insurance details with the other driver. Also, ask any witnesses to provide written statements detailing what they saw. Also, get the names of any witnesses and be sure to get their contact details.
Check to see if a surveillance camera was in the vicinity. If so, the entire accident may have been recorded and that can be used as evidence during the claims process as well.
You will need to make note of the date and time of the accident and the exact location. Details are important to your claim and its success. You should jot down notes about the accident while it is still fresh in your memory.
All the information that you can keep will prove beneficial to the outcome of your drive-through auto accident claim.
You will want to make sure you claim all the damages you suffer in the accident. You can claim damages for several things, including but not limited to:
- Medical bills
- Pain and suffering
- Property damages – such as damage to your car
- Lost wages
If you’ve been involved in a drive-through restaurant accident and you were injured and your car was smashed, you aren’t alone. Drive-through restaurant accidents are surprisingly common. Most of these sorts of accidents are avoidable. They usually happen because some drivers get impatient or get distracted when they are waiting for food or after they have collected their food. You may be able to obtain compensation to offset the financial burden of a restaurant accident. Contact an experienced personal injury attorney to discuss your legal options as soon as your injuries allow you to do so.
Personal Injury Claims after a Restaurant Drive Through Auto Accident
With so many vehicles often lining up at a drive-in it is often only a matter of time before an accident occurs. If you are injured in an accident for which you are not to blame, you will still need evidence that another driver was at fault. For a personal injury claim to be successful, you must prove negligence has occurred. For example, if you were lining up at a drive-in and were hit in the rear by an impatient driver, you could suffer neck injuries and worse if you had taken your seat belt off to use the intercom.
Fortunately, there will likely be other people around to witness what happened and their testimony would be valuable when submitting claim. Any other evidence showing negligence had occurred would help support your case, such as photographic evidence, a vehicle damage report from the vehicle repair yard, and a police report, especially if injuries are serious.
You will also need to be aware of the state’s time limit on claims and personal injury laws and submit full medical documentation proving the link between the accident, your specific injuries, and how this has affected you financially.
Gathering Supporting Documentation and Evidence
Be sure to establish medical care right away. You will need to be able to prove that your injuries were a direct result of the accident in the drive-through. Delaying your medical care will make it more difficult to show that your injuries were caused by the crash.
Be sure to tell the treating physician what happened and how it happened. Make sure your doctor checks all your injuries. You will need detailed notes from the physician in your medical records.
Be sure to keep copies of all medical bills and medical records. Your medical expenses include physician visits, visits to see specialists such as orthopedic surgeons, physical therapy, medical devices, prescriptions, and hospital and clinic bills.
You will need to maintain a file with copies of all your medical records as well so you can prove that your injuries were caused by the drive-through accident.
Be sure and take your car to a qualified automotive repair facility. You will need to get a written repair estimate for fixing the damages. You will also want to make sure it is properly inspected because there could be damages that aren’t visible to you.
Also, be sure to figure in the costs of any rental car and any tow bill when determining the property damage totals.
Your Accident Injury Claim
The value of your claim and how much you can get in a settlement can vary greatly. Of course, the extent of your injuries, the severity of your damages, and the details surrounding your overall accident will come into play.
Of course, the higher your medical bills, the more you will recover from your claim. You can recover pain and suffering if you were injured. The pain and suffering total will be based off your medical expenses.
Your medical bills are all added up, and then a multiplier – ranging from 1 to 5 – depending on the severity and nature of your injuries.
As an example, a back injury that will require surgery in the future will warrant a higher multiplier than a sprained ankle or a bruised wrist. If you will have future medical bills and future loss of earnings, you will receive a higher settlement than if you fully recover and return to work in a couple of weeks.
Your personal injury lawyer will review the details of your case and determine which damages you suffered and to what extent.
Some of the evidence that you can use to support your claim include:
- Medical bills
- Medical records
- Proof of missed work and lost wages
- Accident report
- Photos of the accident scene
- Photos of the injuries and damages
- Proof of future medical expenses and lost wages
- Surveillance video
- Witness statements
- Journal details about your recovery
Why You Should Use a Personal Injury Attorney
It can be more difficult than you think convincing an insurance adjuster that you have a valid claim. The insurer will try and minimize the degree of fault of their own client and may allege that you were at least partly to blame yourself. This is when the help from an experienced personal injury attorney can really make a difference. Attorneys who handle auto accident claims are used to dealing with insurance companies and can provide advice about evidence of negligence and how to submit your claim.
Your lawyer will review the details of your case and will determine the best way to proceed with your claim. Your attorney will also conduct his or her own investigation into the accident and will determine liability and whether one or more people or entities are responsible for the damages you suffered because of the drive-through crash.
Every state has a statute of limitations for pursuing a claim, so don’t wait until it I too late to pursue a claim against the other party and recover damages. Complete the Free Case Evaluation Form and ask a lawyer to review the details of your case and determine how to proceed with your drive-through accident claim.
Additional Resources
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Sonic, or any other party, you may not be entitled to any compensation.
