What to Do If You’ve Been Hit By Someone Who is Texting While Driving in Houston
About six million car accidents happen in the US each year. About nine people die every day due to distracted driving, while 1,060 sustain injuries. Unfortunately, one in three people still texts and drives.
People are 23 times more likely to crash when texting and driving, too.
If you were recently hit by someone who was texting while driving in Houston, there are a few steps you’ll need to follow after a crash. Following these steps can help you fight for compensation.
Read on to discover what to do after a texting-while-driving accident today.
Move to a Safe Place
First, try to take a deep breath. It’s okay if you feel disoriented in the minutes following a crash. However, it’s important that you remember these steps moving forward.
Otherwise, you might neglect to gather evidence that can benefit your texting and driving lawsuit. You could even say something that might make it seem as though you were at fault for the crash.
Once you find your bearings, try to move to a safe area out of the way of incoming traffic. Otherwise, you could risk getting into another accident.
Try to remain near the scene of the crash, though. The police who arrive on-site will ask you where the crash occurred. Try to keep the crash site within view.
Politely ask the driver to move to a safe area nearby with you. Don’t make the mistake of assigning blame or speaking out of anger, though. Remember, you don’t want to say anything that might impact your lawsuit.
Before moving your vehicle, give it a look over. Don’t move the car if any of the tires were damaged or if the car is leaking fluid. If you’re unsure whether the car is safe to drive, wait until the police arrive to move it.
Call the Police
Call the police as soon as possible after your texting while driving accident in Houston.
In some states, you’re obligated to call the police after a traffic accident. The police can file an official report, which could benefit your claim.
Knowing the other driver was texting while driving could help law enforcement determine who was at fault for the crash, too.
When speaking with the police, stick to the facts. Don’t embellish. Instead, recount every detail you can remember.
About one in four drivers used a cell phone right before they were involved in a crash. Sending or reading a text takes your eyes off the road for five seconds—long enough for an accident to occur.
Let the officer know you saw that the other driver was texting and driving. Mention if you saw the driver holding their phone while the car was in motion. Maybe you noticed they had their head down (staring at a phone in their lap) instead of keeping their eyes on the road.
The police officer might decide to obtain the other driver’s cell phone. They could check the text message history or gather call information for the cell service provider instead. The officer can also ask any witnesses if they noticed the driver was texting and driving.
If you don’t mention you saw the driver texting or on the phone, the officer might not think to obtain this evidence right away. If they delay gathering this evidence, it might be impossible for them to retrieve it in the future.
Before the police leave, get their name and badge number. Ask if they can send you a copy of their official police report, too. Otherwise, provide your lawyer with the officer’s information so they can obtain it for you.
While you wait for the police to arrive, take the time to gather your own evidence.
First, ask the driver for their:
- Phone number
- Driver’s license number
- License plate number
- Car make and model
- Insurance information
Avoid small talk when speaking to the other driver. Remember to avoid assigning blame. Don’t apologize (which is seen as an admission of guilt), either.
Next, gather photo and video evidence. Get photos of both vehicles as well as your injuries.
If someone witnessed the crash, ask if they’re comfortable providing their contact information. Your texting while driving accident lawyer can contact them to make a statement. Their statement could support your recollection of what happened.
Seek Medical Attention
Make sure to seek professional medical treatment for your injuries as soon as possible.
You might not recognize you need medical attention until days or even weeks after the crash. Sometimes, adrenaline can mask the true extent of your pain. Even broken bones sometimes don’t exhibit symptoms for a day or two.
Your medical records can help strengthen your lawsuit. You can use the reports to prove the driver’s negligence caused you bodily harm.
Your lawyer will also use your medical expenses when calculating your losses. Then, they can determine the full amount of compensation you’re rightfully due.
Make sure to follow up with your doctor after the first appointment. Following up will show there wasn’t a gap in your treatment plan. It will also ensure you receive the help you need before your symptoms get worse.
Talk to a Lawyer
Try to contact an experienced auto accident attorney in Houston as soon as possible. Look for a lawyer with years of experience handling texting while driving cases, too. They can leverage their previous experience and expertise to strengthen your case.
Working with an attorney can prove beneficial if the insurance company tries to stall paying out your claim. They can also fight for the full amount of compensation you’re due.
Your lawyer can also prove the other driver breached their duty to keep their focus on the road at all times. Then, your attorney can prove the other driver’s negligence caused the crash and your damages.
Your damages can include medical expenses, lost wages, pain, suffering, and loss of enjoyment of life.
Contacting a lawyer right away will help you hold the driver accountable before the statute of limitations lapses.
Make a Case: Follow These Steps After a Texting While Driving Accident
Don’t hesitate to contact an attorney after you’re hit by someone who was texting while driving in Houston. With help, you can fight for the compensation you deserve. Then, you can receive damages to avoid paying for your expenses out of pocket.
With the right lawyer at your side, you can fight and win your case.
Want to discuss your legal options? We’re here to help.
Contact us today to get started.