Gathering Evidence for Your Case
Proving distracted driving while establishing liability in a car accident case involves gathering evidence that demonstrates the driver was not paying attention and that their inattention caused the accident.
Crucial types of evidence of distracted driving can include:
- Phone records
- Text messages or call logs
- In-car technology logs (such as GPS or infotainment system records)
- Surveillance footage capturing the incident
- Police reports
- Eyewitness testimonies
What to Do Immediately After the Accident
To gather and preserve evidence effectively, start by documenting everything at the scene—take photos of vehicle damage, the accident location, and any pertinent traffic signs. Collect contact information for any witnesses and encourage them to share their observations. It’s also wise to request copies of all police reports filed.
Don't Neglect Getting a Medical Evaluation Post-Accident
Obtaining a medical evaluation is essential after an accident, even if you believe your injuries are minor or non-existent. This evaluation provides crucial documentation of any potential injuries and helps ensure that any underlying conditions are identified and treated promptly.
Common Injuries that may not be immediately apparent post-car accident:
- Whiplash or neck strain
- Concussion or traumatic brain injury (TBI)
- Soft tissue injuries (such as sprains and strains)
- Internal organ injuries (such as bruising or bleeding)
- Back injuries, including herniated disks
- Post-traumatic stress disorder (PTSD)
- Delayed onset of headaches or migraines
Don't forget: always keep accurate, up-to-date medical records throughout your recovery process.
Take Your Evidence to Your Attorney
Once you have ensured your safety and sought any necessary medical attention, bring all the evidence you have collected and anything else pertaining to your accident to your consultation with your attorney. This documentation will enable them to assess your case more effectively, helping to build a robust argument for establishing liability in your accident.
Using Evidence to Support Your Case & Seek Compensation
Victims of distracted driving accidents may be entitled to various types of compensation designed to address their losses and suffering. Several factors can impact how much compensation a victim may receive. These include the severity and permanence of the injuries, the extent of medical treatment required, evidence of liability, insurance coverage, and the victim's prior health status.
Depending on the circumstances of the case, you may be entitled to compensation for:
- Medical expenses
- Rehabilitation costs
- Long-term care costs
- Lost wages
- Pain and suffering
- Property damage
- Emotional distress
What to Expect When Bringing a Personal Injury Case
When you decide to bring a personal injury case against the driver responsible for your accident, expect a comprehensive legal process that may involve negotiations with insurance companies and, potentially, court appearances. The duration of the case can vary widely, depending on factors such as the complexity of your injuries, the clarity of the evidence, and the willingness of the involved parties to settle before trial. Throughout this process, your attorney will play a crucial role in advocating for your rights and fighting for you as you seek fair compensation for your losses.
Preventing Distracted Driving
Our attorneys have helped countless clients deal with the aftermath of car accidents caused by distracted driving. We know that preventing distracted driving is crucial to ensuring the safety of all road users.
Five tips for staying focused while driving:
- Put your phone away
- Plan ahead and set your GPS before starting out
- Avoid eating while driving
- Take breaks on long drives
- Avoid driving in bad weather
As a West Virginia institution, Katz Kantor Stonestreet & Buckner, PLLC has been helping accident victims for over eight decades. As a firm, we are committed to supporting and educating our clients as they seek compensation for their injuries.
Contact us online to schedule a consultation if you or a loved one was injured in a distracted driving accident.