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I Was Hit by a Driver Who Was Texting

By Butler Prather LLP on January 26, 2022

Distracted driving is incredibly dangerous, and it happens in many different ways. One of the most common causes of distracted driving in the state of Georgia is sending and receiving text messages. If you or somebody you care about has been injured or sustained property damage in an accident caused by a driver who was texting, you need to know what steps you can take to recover compensation for your losses.

Make Sure You Seek Medical Care

The number one step that you need to take after any vehicle accident occurs is to seek medical care. If you are at the scene of a crash and have any visible injuries, you need to allow emergency medical services to treat the injuries and take you to the hospital. However, you need to be aware that there are some injuries that may not show any signs or symptoms for hours or even days after the incident occurs. We encourage you to go to the doctor as soon as you can after a vehicle accident occurs so you can be evaluated for any hidden injuries.

Gather Evidence at the Scene

If there is not a pressing medical emergency after an accident, and you think the other driver caused the incident due to their distracted driving, now is the time to begin gathering as much evidence as possible. If the scene is safe, you can use your cell phone to take pictures of everything. This includes vehicle damage, injuries, debris, skid marks, traffic and weather conditions, and more.

If you see any eyewitnesses to the incident, including bystanders near where the crash occurred, you need to get their names and contact information written down quickly. These individuals may have seen that the other driver was distracted in some way, and their witness testimony could prove to be valuable evidence for the insurance carrier or during a personal injury jury trial.

While you are at the scene of a crash, take a look around and see if you spot any surveillance cameras on nearby buildings or homes. It may be possible to recover the surveillance footage from these cameras, and the footage may show that the other driver was distracted in some way.

Contact a Car Accident Lawyer

You should contact a skilled vehicle accident lawyer in Georgia as soon as possible after a suspected distracted driving collision. An attorney can step in immediately and use their resources to fully investigate every aspect of the claim. A lawyer will not only be able to analyze the evidence that has already been gathered, but they will be the ones to go and obtain that surveillance footage we discussed. Additionally, an attorney may need to go through the court system to obtain the mobile device data of the alleged negligent driver as well as vehicle “black box” data recorders.

After gathering the evidence necessary to prove liability, an Atlanta car accident attorney will enter into negotiations with the other driver’s insurance carrier. If the other side refuses to offer a fair settlement, or if they deny the claim, an attorney will file a personal injury lawsuit against the at-fault driver. The ultimate goal is to ensure that you recover compensation for your medical bills, lost wages, property damage expenses, and pain and suffering damages.

Posted in: Car Accidents

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