Texting while driving is slowly disappearing as more and more states impose heavy penalties on drivers caught in the act. There are all sorts of accidents that could take place when a driver is texting. If s/he is overtaking and not paying attention a side swipe could take place. If the driver is speeding and texting and the vehicle in front stops at a red light the texting driver would likely end up rear ending it with all sorts of consequences to the driver and his/her vehicle.
If you have been involved in a crash with a texting driver you may be entitled to file a personal injury claim with the at-fault driver. First and foremost you will need the evidence to prove who caused the accident.
1. Gather Evidence at the Accident Scene
If your car has been side swiped by a texting driver you will have been thrown around as the accident took place causing a multitude of injuries like broken limbs, head injuries and cuts and bruises. Your car doors may have been ripped off in the accident too. The sorts of evidence you will need to support a PI claim should include the following:
• the police report compiled by the attending police officer;
• photographs showing your injuries, the position of the vehicles and the damage done;
• eye witness statements including their contact details.
2. Get a Medical Examination
Don’t forget your health and well-being is important so you should seek medical assistance as soon after the accident as possible. Of course if you have broken bones or a head injury you will need an ambulance to get you to the nearest emergency room. To help support your PI claim you should do the following:
• ask the medical treatment provider for the doctor’s notes about your injuries;
• keep any medical bills to use as evidence.
3. Arrange for Auto Repairs
If you have had a door ripped off from a side swipe and your side windows are shattered you should ensure your vehicle is taken to a mechanic to have it inspected for damages. You should keep all the receipts for money you have spent repairing your car. If there are more repairs required keep the estimate for the cost of the repairs provided by the mechanic.
4. Contact a Personal Injury Attorney
Trying to file a PI claim on your own would not be easy so you should contact a PI lawyer who is experienced at winning settlements for clients.
5. File a Claim
The personal injury lawyer will know the best way to present a claim and reach a fair settlement on your behalf. As long as you have enough evidence gathered to file a claim you can expect the lawyer to present the claim in the right way so there is the highest chance of it being successful.
