Inside: Understanding Your Legal Rights After a Distracted Driving Accident. Collaborative post.
Distracted driving is a leading cause of vehicle accidents in Las Vegas. Even if you’re not gawking at the sights on the strip, there are still plenty of other distractions like your cell phone.
Did you know cell phone use while driving causes 1.6 million crashes? If you’re involved in an accident with a distracted driver, you have legal rights like recovering compensation. This means following the essential steps in a Nevada distracted driving claim.
Steps to Take After an Accident with a Distracted Driver
What you do immediately after being involved in a vehicle accident can impact your claim. The following are the important steps you need to take after an accident.
Contact the Authorities
If the accident doesn’t result in property damage exceeding $750, and there aren’t any injuries or fatalities, you aren’t required to immediately report the vehicle collision. You have up to ten days from the date of the accident to file a report with the authorities.
This may seem like a time-saving option. You’re not waiting at the accident scene for the authorities to show up. Sometimes, it can take a while for the police to respond when a vehicle accident is considered minor. However, driving away is often a mistake that can impact your accident claim.
You should report all vehicle accidents immediately and wait for the authorities to arrive. The reason for this is simple. Waiting on the scene makes it easier for the responding officers to get a clear picture of how the accident occurred. Also, if there are any witnesses, the authorities can take down their statements. Their memories of the accident are still fresh making it easier for witnesses to provide vital information.
Collect Evidence
Sometimes it’s not possible to gather any evidence after an accident with a distracted driver. Your injuries may be too severe. If the accident leaves the involved vehicles in traffic lanes it may be unsafe to exit your vehicle.
If you can’t document the accident scene, don’t panic. You can get most, if not all of the information from your accident report. However, gathering some evidence at the scene can help move the claim process along a little more quickly.
Take pictures of the damage to your vehicle, and of any visible injuries you may have sustained. Get contact information from any witnesses but don’t discuss the accident. Jot down any events leading up to the accident. You may also want to take some photos of the accident scene.
Don’t Admit Fault or Apologize
Sometimes what you want to keep in mind at all times is to never admit fault or apologize. Anything you say to the authorities, witnesses, or other involved driver can be used against you when you file a personal injury claim. The insurance adjuster can use your admission to reduce the value of your claim.
Be polite, and answer any questions asked by law enforcement, but keep your answers short and to the point. In other words, don’t go into too much detail.
Get Medical Treatment
Not all injuries sustained in an auto accident require a trip to the emergency room. Some injuries take a while to appear. This is particularly true with soft tissue injuries.
Making an appointment with a medical professional does more than help protect your health. If you’re planning on filing a personal injury claim, you’re going to need your medical records.
Your medical records help support your injury claim and are something the insurance adjuster is going to request.
Providing Liability in a Distracted Driving Accident
Before you can submit a claim with the at-fault driver’s insurance carrier, you need to prove the elements of negligence:
- Duty of care: This is the duty all drivers owe to others on the road. In other words, all drivers must follow all traffic rules.
- Breach of duty: A breach of duty occurs when a driver doesn’t take reasonable care. This can include using a cell phone while driving. The driver is distracted by the device and this causes the resulting accident.
- Causation: You must show your injuries and/or property damage is the direct result of the distracted driving accident. Your medical records and accident report can help support this part of your claim.
If you can prove the distracted driver’s actions are negligent and the direct cause of your damages, you can file a personal injury claim with the insurance company. From there, it’s up to you and your attorney to negotiate a settlement that covers your damages.
Protect Your Legal Rights After a Distracted Driving Accident
Distracted driving accidents happen every day, and you may be involved in this type of vehicle collision. Instead of trying to navigate negligence rules on your own, talk to an experienced personal injury attorney. Your attorney will help ensure your rights are protected and you receive adequate compensation for your damages.