Texting while driving is especially dangerous. It forces the driver to take their eyes off the road, hands off the wheel, and attention away from driving. If you are in an accident with someone who was texting, there are steps you should take to protect your rights and possible claim.
Immediate Steps
- Call 911
If there are injuries or significant damage, request emergency medical assistance and law enforcement. Even if you think you are fine, have a medical professional check you out because some injuries show up later. - Document the Scene
When safe, take photos of the cars, the damage, the positions of vehicles, skid marks, road or weather conditions. These photos can serve as important evidence later. - Exchange Information
Obtain the other driver’s contact and insurance information. If you are injured or unable to handle it completely, let the police help with this. - Get Medical Attention
Accept transport to a hospital if advised. If that does not happen, schedule an appointment with a doctor. Some injuries do not show symptoms immediately because of adrenaline or shock. - Report to Your Insurance Company
Contact your insurer as soon as you can. Provide them with all relevant information including photos, the police report, your medical diagnosis, witness statements if any.
Legal Deadlines to Keep in Mind
- For personal injuries, you generally have two years from the date of injury to file a lawsuit.
- If injuries are not apparent right away the clock may start when you reasonably discovered the harm.
- For property damage, you often have three years from the date of the accident.
- If the other driver was a government employee or the crash involved property owned by a government entity the time to file may be much shorter and there may be special procedures to follow.
Why Consulting a Lawyer Early Helps
- A lawyer can make sure you don’t miss any deadlines and help protect your rights.
- They can gather evidence like medical records, photos, or scene documentation that could otherwise be lost.
- They can help assess what compensation you may deserve, including medical costs, lost wages, pain and suffering.
- They can negotiate with insurers and, if necessary, represent you in court.
Note: The content published on the Hillstone Law blog is prepared for informational and educational purposes using a variety of research resources and publicly available information. We make reasonable efforts to provide helpful, relevant, and current information; however, laws, regulations, facts, and other details may change over time or vary depending on the circumstances. If you believe any portion of a post contains inaccurate or misleading information, or raises a copyright concern, please contact Hillstone Law so we can review the matter and make any appropriate corrections or updates.
Disclaimer: The material provided in these blogs is for general informational purposes only and should not be considered legal advice. Reading these posts does not create, and is not intended to create, an attorney-client relationship with Hillstone Law. Our intent is to share knowledge, raise awareness, and provide helpful resources to the public; however, Hillstone Law makes no warranties or guarantees about the accuracy, completeness, or reliability of the information provided, and expressly disclaims liability for any actions taken in reliance on it. The photos used in these posts are for illustrative purposes only and do not depict actual clients, individuals, or incidents unless expressly stated. If you or a loved one has been injured in an accident, please contact Hillstone Law at (855) 691-1691. Our attorneys are available to answer your legal questions and help you understand your rights.
