Immediate Steps After Being Hit by a Texting Driver
If you've been hit by someone who was texting and driving, the actions you take in the first hours and days are critical to protecting your health and your legal rights. Here's what to do:
Ensure Safety: Get to a safe location if possible. Turn on hazard lights and set up flares or triangles if you have them. Do not attempt to move anyone who may have spinal injuries unless there's an immediate danger like fire.
Call 911: Even for seemingly minor accidents, get a police report. Officers may document the other driver's admission that they were on their phone, and this becomes powerful evidence. Tell the responding officer if you observed the other driver on their phone.
Document Everything: Use your phone to photograph the accident scene from multiple angles, including vehicle damage, skid marks, traffic signals, road conditions, and any visible injuries. Get photos of the other driver's vehicle with their license plate clearly visible.
Gather Witness Information: Get names and phone numbers of anyone who witnessed the accident. Ask specifically if they saw the other driver using their phone. Their observations could be crucial to your case.
Seek Medical Attention: Even if you feel fine, get a medical evaluation. Adrenaline can mask serious injuries, and some conditions like traumatic brain injuries may not show immediate symptoms. This documentation also establishes a clear link between the accident and your injuries.
Contact an Attorney Before Insurance Companies: Insurance adjusters for the at-fault driver will try to contact you quickly, hoping to get recorded statements or quick settlements before you understand the full extent of your injuries. Speak with an attorney first.
Ensure Safety: Get to a safe location if possible. Turn on hazard lights and set up flares or triangles if you have them. Do not attempt to move anyone who may have spinal injuries unless there's an immediate danger like fire.
Call 911: Even for seemingly minor accidents, get a police report. Officers may document the other driver's admission that they were on their phone, and this becomes powerful evidence. Tell the responding officer if you observed the other driver on their phone.
Document Everything: Use your phone to photograph the accident scene from multiple angles, including vehicle damage, skid marks, traffic signals, road conditions, and any visible injuries. Get photos of the other driver's vehicle with their license plate clearly visible.
Gather Witness Information: Get names and phone numbers of anyone who witnessed the accident. Ask specifically if they saw the other driver using their phone. Their observations could be crucial to your case.
Seek Medical Attention: Even if you feel fine, get a medical evaluation. Adrenaline can mask serious injuries, and some conditions like traumatic brain injuries may not show immediate symptoms. This documentation also establishes a clear link between the accident and your injuries.
Contact an Attorney Before Insurance Companies: Insurance adjusters for the at-fault driver will try to contact you quickly, hoping to get recorded statements or quick settlements before you understand the full extent of your injuries. Speak with an attorney first.
Understanding Your Legal Options
When a texting driver hits you, you have several potential avenues for compensation:
Personal Injury Claim: This is the most common route, where you seek compensation from the at-fault driver's liability insurance. We negotiate aggressively and aren't afraid to take cases to trial when insurance companies refuse fair settlements.
Uninsured/Underinsured Motorist Claim: If the texting driver doesn't have insurance or has insufficient coverage, your own UM/UIM policy can provide compensation. Many people don't realize they have this coverage or understand its limits.
Employer Liability: If the texting driver was working at the time—delivery driver, trucker, sales representative—their employer may be liable through the legal doctrine of "respondeat superior." Commercial policies typically have much higher limits than personal auto insurance.
Product Liability: In rare cases, if a vehicle defect contributed to the accident severity, the vehicle manufacturer may share liability.
Our attorneys thoroughly investigate every potential source of recovery to maximize your compensation. We understand that serious injuries require significant resources for medical care and living expenses.
Personal Injury Claim: This is the most common route, where you seek compensation from the at-fault driver's liability insurance. We negotiate aggressively and aren't afraid to take cases to trial when insurance companies refuse fair settlements.
Uninsured/Underinsured Motorist Claim: If the texting driver doesn't have insurance or has insufficient coverage, your own UM/UIM policy can provide compensation. Many people don't realize they have this coverage or understand its limits.
Employer Liability: If the texting driver was working at the time—delivery driver, trucker, sales representative—their employer may be liable through the legal doctrine of "respondeat superior." Commercial policies typically have much higher limits than personal auto insurance.
Product Liability: In rare cases, if a vehicle defect contributed to the accident severity, the vehicle manufacturer may share liability.
Our attorneys thoroughly investigate every potential source of recovery to maximize your compensation. We understand that serious injuries require significant resources for medical care and living expenses.
Common Injuries from Distracted Driving Crashes
Distracted driving accidents often cause severe injuries because the at-fault driver fails to brake or slow down before impact. Common injuries include:
Traumatic Brain Injuries (TBI): These range from mild concussions to severe brain damage causing permanent cognitive impairment. Even "mild" TBIs can cause lasting problems with memory, concentration, and emotional regulation.
Spinal Cord Injuries: High-speed impacts can damage the spinal cord, potentially causing partial or complete paralysis. These injuries often require lifelong medical care and adaptive equipment.
Broken Bones: The force of impact can fracture ribs, arms, legs, pelvis, and facial bones. Complex fractures may require surgery, hardware installation, and extensive rehabilitation.
Soft Tissue Injuries: Whiplash, herniated discs, ligament tears, and muscle damage can cause chronic pain that limits your ability to work and enjoy life.
Internal Injuries: Organ damage and internal bleeding may not be immediately apparent but can be life-threatening without prompt treatment.
Psychological Trauma: Car accidents can cause PTSD, anxiety, depression, and fear of driving. These psychological injuries are just as real as physical injuries and deserve compensation.
Traumatic Brain Injuries (TBI): These range from mild concussions to severe brain damage causing permanent cognitive impairment. Even "mild" TBIs can cause lasting problems with memory, concentration, and emotional regulation.
Spinal Cord Injuries: High-speed impacts can damage the spinal cord, potentially causing partial or complete paralysis. These injuries often require lifelong medical care and adaptive equipment.
Broken Bones: The force of impact can fracture ribs, arms, legs, pelvis, and facial bones. Complex fractures may require surgery, hardware installation, and extensive rehabilitation.
Soft Tissue Injuries: Whiplash, herniated discs, ligament tears, and muscle damage can cause chronic pain that limits your ability to work and enjoy life.
Internal Injuries: Organ damage and internal bleeding may not be immediately apparent but can be life-threatening without prompt treatment.
Psychological Trauma: Car accidents can cause PTSD, anxiety, depression, and fear of driving. These psychological injuries are just as real as physical injuries and deserve compensation.
Why Evidence Preservation Is Time-Critical
One of the biggest challenges in distracted driving cases is that critical evidence disappears quickly:
Cell Phone Records: Carriers typically retain detailed call and text records for 1-2 years, after which they're deleted. App usage data may be retained for even shorter periods. We must subpoena these records before they're purged.
Dashcam and Security Footage: Most systems overwrite footage within days to weeks. We send immediate preservation letters to businesses and government agencies to prevent this footage from being lost.
Vehicle Data: The at-fault driver may repair or sell their vehicle, losing access to crucial black box data. We move quickly to inspect vehicles and download this information.
Witness Memories: Human memory is unreliable and fades quickly. Witnesses may forget details or become harder to locate over time. We interview witnesses within days of an accident.
Physical Evidence: Skid marks fade, vehicles are repaired, and accident scenes change. Professional accident reconstruction becomes more difficult as time passes.
This is why we urge accident victims to contact us immediately. The investigation that happens in the first days and weeks often determines whether a case can be proven years later at trial.
Cell Phone Records: Carriers typically retain detailed call and text records for 1-2 years, after which they're deleted. App usage data may be retained for even shorter periods. We must subpoena these records before they're purged.
Dashcam and Security Footage: Most systems overwrite footage within days to weeks. We send immediate preservation letters to businesses and government agencies to prevent this footage from being lost.
Vehicle Data: The at-fault driver may repair or sell their vehicle, losing access to crucial black box data. We move quickly to inspect vehicles and download this information.
Witness Memories: Human memory is unreliable and fades quickly. Witnesses may forget details or become harder to locate over time. We interview witnesses within days of an accident.
Physical Evidence: Skid marks fade, vehicles are repaired, and accident scenes change. Professional accident reconstruction becomes more difficult as time passes.
This is why we urge accident victims to contact us immediately. The investigation that happens in the first days and weeks often determines whether a case can be proven years later at trial.