It is illegal to test and drive but anyone regularly on California roads knows that this does not prevent everyone from doing so. If you are involved in a car accident with a person who has been texting and driving, there a few steps you should follow.
- Do Not Move Until You Have Been Assessed
- Take Photos if You Can
- Gather Information from Other Drivers and Witnesses
- See a Doctor Even if You Feel Fine
- Get a Free Legal Consultation from a Personal Injury Attorney
Unless you are 100% sure that you are not injured, you should stay put until a medical professional can assess you and assure it is safe for you to move. Do not assume that just because you do not feel pain you have not been injured. Do not assume that you are safe. Remember that you likely have adrenaline rushing through your body and it can mask symptoms of injury.
If you are able to do so, take photos at the scene. If you cannot do so because you need immediate medical attention, or because it is otherwise not safe to take photos, then skip this step. The police and other investigators should take photos of their own.
Get information form the driver. This should include their name, insurance info, phone number, address, etc. You are going to be making the claim not against them but against their insurance company so be sure that you get that information. You can take a photo of their insurance card to make sure you have the correct information. Do not admit fault to them under any circumstances. Then gather information from other witnesses or involved parties.
Even if you feel fine, even if the EMT said you are fine, it is wise to go to your doctor. They can do a more thoroughly examination to ensure you are indeed fine. This will also begin a paper trail that will help in the event you must take your case to trial.
Once you have seen the doctor and gathered as much information as possible, contact a personal injury attorney who can help you with your case. When you work with The Law Offices of Larry H. Parker, we begin with a free legal consultation. We will go over the facts, listen to your side of the story, and offer our best legal advice regarding your options.
If it turns out that you do have valid grounds for a case, then we will offer to take your case on a contingency basis. This is simple: It means that you do not owe us money until we win your case. If we do not win your case then you do not owe us anything. Call 800-333-0000 any day of the week to learn more.