One moment you’re driving, the next you’re dealing with the fallout of another driver’s carelessness. Distracted driving, like a driver’s choice to look away from the road or to daydream beyond the wheel, can have disastrous consequences.
The good news is that a personal injury lawyer can help you hold the responsible driver accountable and support you while seeking compensation for your losses.
Building Your Claim: 6 Steps To Take After a Distracted Driving Accident
If you have already received medical care, you’re on the right track. However, the process of holding the responsible driver accountable is just beginning.
Take these six steps to build a strong foundation for your distracted driving claim:
- Obtain a Copy of the Police Report: The official police report is a cornerstone of your case. In Texas, you can request a copy online or in person from the law enforcement agency that responded to your crash a few days after the accident. Review the report for accuracy, paying close attention to the officer’s narrative and any citations issued to the other driver.
- Organize Your Documents: Gather everything connected to the accident and put it in one safe place. This includes any photos or videos you took of the scene, the vehicles, and your injuries. Also, keep the other driver’s information and any contact details you collected from witnesses.
- Write Down Everything You Remember: What did you have for lunch last Friday? Memories can fade, so write a detailed account of the accident while it’s still fresh. Describe exactly what you saw the other driver doing just before impact. Document anything they said after the crash using their exact words if possible.
- Create a File for Expenses: Start a dedicated physical or digital folder for all your paperwork. Keep every medical bill, prescription receipt, and proof of any other out-of-pocket costs. Maintain a log of the days you missed work because of your injuries and treatment.
- Notify Your Own Insurance Company: Inform your insurance provider that the accident happened. Give them the basic facts like the date, location, and the other driver’s insurance information. Don’t provide a recorded statement or speculate about details before you have legal guidance.
- Contact a Personal Injury Lawyer: Taking this step brings a professional advocate into your corner. Let an attorney manage the insurance companies, build your claim, and navigate the complex legal process.
Common Examples of Distracted Driving
Distracted driving is any activity that diverts a driver’s attention from the road. People often think of it as just texting, but it’s much more than that. The problem is so common that wrecks happen daily on busy roads. When a driver’s attention is compromised, a distracted driving accident is more likely.
Texting is a major distraction that causes accidents in Texas since it incorporates all three types: visual, manual, and cognitive.
Visual Distractions
Visual distractions are anything that takes the driver’s eyes off the road. The driver is looking at something other than the task of driving. This is one of the most common forms of driver distraction. A few seconds of looking away is enough time to cause a serious wreck.
Common examples of visual distractions include looking at a GPS, checking on kids in the back seat, or watching something on the side of the road.
Manual Distractions
Manual distractions are tasks that cause a driver to take their hands off the steering wheel. Safe driving requires both hands to react to changing conditions. When a driver removes a hand, they lose precious reaction time and control.
Common examples include eating or drinking, adjusting the radio, or reaching for an object in the car. It’s a frequent cause of accidents near busy places with stop and go traffic.
Cognitive Distractions
Cognitive distractions happen when a driver’s mind isn’t focused on driving. They may be looking at the road, but their thoughts are elsewhere. This type of distracted driving isn’t always obvious.
Someone deep in conversation with a passenger, talking on a hands-free device, or daydreaming isn’t fully present. Their brain isn’t processing the information before them, which slows their reaction time.
The Role of Evidence in Your Claim
A successful personal injury claim depends on strong evidence of negligence. Your lawyer needs to show that the other driver was distracted and that their distraction caused your injuries. Several types of evidence help build a solid case.
Your personal account is the starting point, but you need more to support it. A combination of official reports, witness accounts, and physical proof creates a complete picture of the accident. It’s this collection of evidence that establishes fault.
Your lawyer uses this information to build a compelling narrative and prove how the driver’s negligence led directly to the wreck:
- Police Report: This official document contains the officer’s observations about the accident scene. It may include driver statements, a diagram of the crash, and any citations issued for traffic violations, such as illegal cell phone use.
- Witness Statements: Third-party accounts are very persuasive. A witness who saw the other driver looking at their phone provides powerful testimony. Their perspective helps confirm your version of events.
- Photos and Videos: Visual evidence from the scene is difficult to dispute. Pictures of the car damage, your injuries, and the position of the vehicles after the crash help reconstruct what happened. Traffic footage may pick up distracted behavior, too.
A lawyer also has tools to get evidence you can’t get on your own. They can send a subpoena for the other driver’s cell phone records. These records show if the driver was texting, talking, or using data at the exact time of the collision, offering direct proof of distracted driving.
Understanding Compensation in a Distracted Driving Claim
After being injured by a distracted driver, you may face many costs. Texas law allows you to seek compensation for these losses. This compensation is intended to cover the financial and personal impact of the accident.
These losses, called damages, fall into different categories. You have the right to claim compensation for both current and future costs. Your lawyer calculates the full extent of your damages to seek a fair outcome.
Here are the main types of compensation you can pursue:
- Medical Expenses: This compensation covers all costs related to your injuries. It includes hospital stays, doctor visits, surgery, physical therapy, prescription medication, and any future medical care you need.
- Lost Wages: You can recover the income you lost from being unable to work during your recovery. If your injuries prevent you from returning to your previous job or reduce your earning capacity, you may also claim these future lost wages.
- Pain and Suffering: This compensates you for the physical pain and emotional distress you have experienced. It acknowledges the personal toll the crash and your injuries have taken on your quality of life.
- Property Damage: You may also seek compensation for the damage to personal property, like your vehicle. If your car was repaired, this covers the repair costs. If it was totaled, it would cover the value of your car at the time of the wreck.
How the Insurance Company Handles Your Claim
Soon after the accident, you’ll hear from the other driver’s insurance company. The insurance adjuster who calls you may seem friendly and helpful. Their job, however, is to protect their company’s financial interests.
The adjuster’s goal is to resolve your claim for the lowest possible amount. They’re trained negotiators who handle cases like yours every day. They know that you’re likely stressed and unfamiliar with the process. Be careful in your communications with them.
An adjuster will likely ask you to provide a recorded statement about the accident. You’re not obligated to give one, and it’s wise to decline until you have legal guidance. The adjuster may use your words out of context later to weaken your claim.
They may also offer a quick settlement. This offer might seem appealing, especially when bills are piling up. However, initial offers rarely cover the full extent of your long-term damages, including future medical needs and lost income.
Once you accept a settlement, you cannot ask for more compensation later if your injuries are worse than you thought.
How a Lawyer Helps With Your Distracted Driving Case
An attorney manages the entire legal process from start to finish. They act as your representative, guide, and advocate.
Investigating the Crash
Your lawyer launches an immediate and thorough investigation into the accident. They collect and analyze all evidence, including the police report, witness statements, medical evidence, and photos from the scene.
Their team may even revisit the crash location to gather additional details that support your distracted driving claim.
Proving the Other Driver Was Distracted
Proving a driver was distracted is the central challenge in these cases. Your lawyer knows how to get the necessary evidence. They can subpoena the other driver’s cell phone records to check for texts, calls, or data usage at the moment of impact.
Calculating Your Full Damages
An attorney works with you to understand the total impact of your injuries. They gather all medical bills and records of lost work. They may also consult with medical and financial professionals to project your future costs and lost earning potential to get a complete picture of your damages.
Handling All Insurance Company Communications
Your lawyer takes over all communication with the insurance companies. You no longer have to speak with adjusters. This protects you from saying something that might be used against you and lets you focus on your recovery.
Fighting for a Fair Outcome
Your lawyer negotiates with the insurance company for a fair settlement that covers all your damages. Most distracted driving cases resolve through these negotiations. If the insurance company refuses a fair amount, your lawyer can file a lawsuit and fight for you in court.
FAQ for Distracted Driving
What Are the Most Common Types of Distracted Driving?
The most common types include texting, talking on a cell phone, eating or drinking, adjusting the radio or navigation system, and talking to passengers. Anything that takes a driver’s eyes, hands, or mind off the road qualifies as a distraction.
Even using a hands-free device is a form of cognitive distraction.
What if I Was Partially at Fault for the Accident?
Texas follows a rule called modified comparative fault, which means you can still recover damages as long as you’re not found to be 51% or more at fault for the accident. Your percentage of fault reduces your final compensation amount.
For example, if you were found 10% at fault, your final recovery is reduced by 10%.
How Long Do I Have To File a Claim in Texas?
In Texas, the statute of limitations for personal injury claims is generally two years from the accident. If you miss this deadline, you’ll likely lose your right to seek compensation forever. There are some exceptions to this deadline, so contact a personal injury lawyer immediately to protect your rights.
Why Is a Police Report So Valuable After a Distracted Driving Accident?
A police report is an objective account created by a law enforcement officer at the scene. It contains key details like the date, time, location, weather conditions, driver and witness information, and a narrative of how the crash happened.
The reporting officer may also note if they suspect a driver was distracted or issue a citation, strengthening your claim.
How Do I Get the Other Driver’s Cell Phone Records?
You cannot request someone else’s cell phone records on your own due to privacy laws. However, a personal injury lawyer can obtain these records with a subpoena. This process formally demands the records from the cell phone provider as part of a personal injury lawsuit.
Seek Justice Today
After a distracted driving accident, the last thing you need is a prolonged battle with an insurance company while trying to heal. Taking control of your situation starts with one simple action. Let a strong advocate handle the legal fight for you.
If a distracted driver in Texas injured you, get the legal support you need to move forward. Call Ryan Orsatti Law at (210) 525-1200 for a confidential consultation today.
