Distracted driving is one of the most dangerous aspects of driving. In the state of Georgia, 76% of deaths in car accidents are caused by unsafe driving conditions. Distracted driving is preventable, but being the victim of distracted driving is not. With distracted driving becoming more prevalent, it’s important to know what to do if you’ve been hit by a distracted driver.
First, it’s important to understand the definition of distracted driving. Any activity that affects the driver’s ability to focus on driving is a distraction.
There are three different types of distracted driving:
- Visual distraction is looking anywhere other than the road.
- Manual distractions are taking your hands off the wheel.
- Cognitive distractions are focusing on activities other than driving.
A few examples of distractions are:
- Using a GPS
- Texting while driving (which is a combination of all three types of distracted driving)
- Watching videos
- Eating and drinking
- Talking to passengers
Now let’s get to what you should do after being hit by a distracted driver.
Right after the accident occurs, check to see if anyone is injured and needs help. Also, call 911 for professional medical attention to evaluate everyone involved in the accident and have police there to document a police report. While you may feel fine at the time of the accident, some injuries can stay hidden without the proper evaluations.
If you’re able to, document the other parties’ information, including their contact information, insurance information, and vehicle details. Also, take this opportunity to take photos of the scene of the accident, the surrounding area, and anything else related to the accident. Be sure to take notes of anything you remember about the accident or anything you noticed about the driver to have it recorded in case you forget later on. All of this information will help you prove your case when you file an insurance claim.
Once you have wrapped up handling the accident, it's time to call your insurance company to report the accident. When providing your statement, stick to your facts and be accurate. If you can, avoid talking to the other party's insurance company. While they may seem concerned about you, they are focused on their own best interest, not yours. If you have a personal injury lawyer, you can direct the other insurance companies to talk to your attorney.
With distracted driving cases, you will have to prove that the driver was participating in an activity that they were focused on more than driving. There are several ways to prove that you were a victim of distracted driving:
- The driver admits they were distracted while driving and caused the accident.
- The police report describes the cause of the accident as distracted driving.
- Witnesses can add to your claim that they saw the driver being distracted if they spoke to the police during the intake of the police report.
- Phone records, which are admissible in court, support the claim of texting while driving.
Navigating distracted driving cases alone can be stressful when you should be focused on recovery. Our attorneys at Hasty Pope Davies are here to fight for you to get the justice and compensation you deserve. Our goal is to provide our clients with aggressive representation so you can focus on recuperating from your accident. If you have a potential case, schedule a free consultation with us today.