Although it is unlawful to text and drive in California, everyone who drives regularly knows that this does not stop everyone from doing it. If you are in a car accident with someone who is texting while driving, there are a few things you should do.
You must not move until you have been evaluated
Unless you are certain you are not hurt, you should stay still until a medical professional can assess you and determine if it is safe to move. Do not think you have not been hurt because you are not in pain. Make no assumptions about your safety. Remember that adrenaline is likely coursing through your body, and it might disguise injury symptoms.
If you have the opportunity, take photographs
Take photos at the site if you are able to. If you are unable to do so because you require emergency medical assistance or because taking images is otherwise unsafe, skip this step. The police and other investigators should take their own pictures.
Collect data from other drivers and witnesses
Obtain data from the driver. This should include information such as their name, insurance information, phone number, and address. You’ll be filing a claim against their insurance company, not against them, so make sure you have that information. You can photograph their insurance card to verify that you have the correct information. Under no circumstances should you acknowledge blame to them. After that, gather information from other witnesses or parties involved.
Even if you feel fine, see a doctor
Even if you feel fine and the EMT says you’re alright, you should still see your doctor. They can conduct a more complete examination to ensure that you are healthy. This will also start a paper trail that will be useful if your case goes to trial.
A personal injury attorney will provide you with a free legal consultation
Contact a personal injury attorney who can assist you with your case once you’ve seen the doctor and gathered as much information as possible. We start with a free legal consultation when you deal with The Law Offices of Larry H. Parker. We’ll go over the facts with you, listen to your side of the story, and provide you our best legal advice.
If it is determined that you have a solid case, we will offer to take your case on a contingency basis. This means you won’t have to pay us anything until we win your case. You do not owe us anything if we do not win your case. To learn more, call 800-333-0000 any day of the week.