If you were hit by a distracted driver who was smoking, you might be able to recoup compensation for your damages.
When a driver is behind the wheel of a vehicle, he or she has a responsibility to exercise due care to prevent an accident and protect others from harm.
When a driver is distracted, he or she is not obeying the rules of the road and a life-altering accident can occur. Dealing with auto insurance can be complicated.
You should consult with a personal injury lawyer before pursuing a personal injury claim after being hit by a distracted driver who was smoking.
How to Pursue a Claim
After you have been hit by a driver who was smoking, you will need to stay on the accident scene until the police arrive and complete the accident report.
If you can, use your smartphone to get photos of the accident scene and of the damage to the vehicles. Be sure to give the officer a statement regarding what happened.
Exchange insurance information and contact details with the other driver. Make sure you get the names of any witnesses along with their contact details.
Seek medical care right away. Even if you don’t think your injuries are serious, you should be checked by a medical professional.
Keep all documentation and evidence to support your claim, including medical records, medical bills, proof of missed work and lost wages, written estimates for repairing your vehicle damages, and so forth.
Damages That Might Result From Being Hit by a Distracted Driver Who Was Smoking
An accident caused by a distracted driver who was smoking can lead to a variety of damages.
You will need to include all these damages in your personal injury claim, so be sure you keep track of them. Your accident injury attorney will also help.
Here are some common damages claimed in such accidents:
- Medical expenses
- Future medical expenses
- Lost wages
- Future loss of earnings
- Pain and suffering
- Property damages
- Loss of enjoyment of life
- Loss of consortium
- Mental trauma
- Permanent scarring and disfigurement
- Disabilities
Documentation is key to have a successful personal injury claim. Be sure to maintain all your records to show that you suffered these damages.
Consult with a Personal Injury Attorney
If you have been hit by a distracted driver who was smoking, you should consult with a personal injury attorney who is licensed in your state.
For a successful personal injury claim, you will have to prove that the other party acted negligently. All four elements of negligence must be proven.
In this case, the driver had a duty to pay attention to his driving, that duty was breached when he or she was distracted by smoking, that breach led to the crash, and that crash caused your damages.
A personal injury lawyer will work on a contingency basis, so you have nothing at all to lose. Schedule your free case evaluation today before it is too late to recoup compensation for your losses.
