Being hit by a car as a pedestrian can be a frightening experience. If a distracted driver caused the accident, you might feel angry and confused about what to do next.
Distracted driving accidents are unfortunately common, and they can lead to serious injuries. Knowing how to handle the situation can make a big difference in protecting your rights.
At Richardson Richardson Boudreaux, we explain the steps to take after a pedestrian accident involving a distracted driver. We will also discuss identifying distracted driving and how a personal injury lawyer can help.
You can make informed decisions about your personal injury claim by knowing your options. Let's begin by looking at what you should do immediately after the accident.
Steps to Take Immediately After the Accident
After a pedestrian accident, acting quickly to protect your health and legal rights is essential. Here are seven steps you should take immediately after the accident.
- Ensure your safety. Move to a safe location away from traffic if you can. Check yourself for injuries and call for help if needed.
- Call 911. To report the accident and request medical assistance. A police report will document the incident, serving as vital evidence for your case.
- Seek medical attention. Even if you feel fine, some injuries, including catastrophic injuries, may not be immediately apparent.
- Collect driver information. Get the driver's name, contact details, and insurance information. This will be necessary when filing a claim with the insurance company.
- Gather evidence. Take photos of the scene, your injuries, and any property damage. Note any details about the distracted driving that you observed.
- Talk to witnesses. Get contact information from anyone who saw the accident. Witnesses can provide valuable statements about how the distracted driver caused the crash.
- Avoid discussing fault. Do not admit fault or discuss the details of the accident with the driver. Anything you say might be used against you later.
Following these steps can help strengthen your personal injury claim. Acting promptly ensures that relevant evidence is preserved and your rights are protected.
Identifying Distracted Driving as a Cause
Distracted driving is a leading cause of car accidents involving pedestrians. Identifying whether the driver was distracted can be key to proving negligence. Common signs include the driver not braking in time or swerving unexpectedly. Knowing how distracted driving contributed to the accident can help hold the driver accountable.
Common Types of Distracted Driving
Distracted drivers engage in various activities that take their attention off the road. Here are some common types of distracted driving:
- Texting or using a smartphone: Typing or reading messages takes eyes off the road, and it is one of the most dangerous forms of distracted driving.
- Eating or drinking. Consuming food or beverages can cause a driver to lose focus. It may also require taking hands off the wheel.
- Adjusting the radio or GPS. Changing settings on devices diverts attention. Even a few seconds can lead to a pedestrian accident.
- Talking to passengers. Engaging in deep conversations can mentally distract the driver and cause them to look away from the road.
- Personal grooming. Activities like applying makeup or fixing hair take hands and eyes off driving tasks, increasing the risk of accidents.
Recognizing these behaviors can help establish that distracted driving occurred. It also emphasizes the importance of pedestrian safety and distracted driving awareness.
Evidence That Indicates Distracted Driving (Witnesses, Phone Records)
Proving that the driver was distracted can be challenging, but certain evidence can support your claim. Here are some types of evidence that can indicate distracted driving:
- Witness statements. Eyewitnesses may have seen the driver using a phone, and their testimony can confirm distracted driving behavior.
- Surveillance footage. Nearby cameras might have recorded the accident, and footage can show the driver's actions before the crash.
- Phone records. Obtaining the driver's phone records can reveal if they were texting. This can be strong proof in your personal injury claim.
- Police report details. Officers may note signs of distraction. This can include observations made at the scene.
- Driver's admission. Sometimes, the driver may admit to being distracted. This can be used as evidence in your case.
Collecting this evidence strengthens your claim against the distracted driver. A committed personal injury lawyer can help gather and present this information.
Role of Police Reports in Establishing Distracted Driving
A police report is a vital document in any car accident case. It provides an official account of the crash, including details about those involved.
Police officers can note signs of distracted driving, such as the driver admitting to using a phone. The report can serve as vital evidence when dealing with the insurance company or court.
Filing a Claim Against the Distracted Driver
After the accident, you may need to file a claim against the distracted driver's insurance company. This process involves notifying the insurer and providing details about the accident. Present clear evidence of the driver's negligence to support your claim.
Compensation can help cover medical bills, lost pay, and other financial damages from the pedestrian accident.
Reporting the Accident to the Driver's Insurance Company
You should report the accident to the driver's insurance company immediately. Provide accurate information about what happened, but avoid giving a recorded statement without legal advice.
The insurer may try to minimize your claim or deny liability. Having a pedestrian accident lawyer can help protect your interests during this process.
Gathering Evidence to Prove Negligence
Showing that the driver was negligent is critical to a successful personal injury claim. Collect all evidence that shows the driver was distracted during the accident. This includes witness statements, photos, and any other relevant information. Your lawyer can help compile this evidence to build a strong case.
Pedestrian Safety: Distracted Driving and Compensation You Can Demand
In your claim, you can demand various compensation for your losses. Here are some common damages you may seek:
- Medical expenses. Covers the cost of hospital bills, treatments, and rehabilitation. Future medical costs tied to the injury can also be included. This includes medical bills for spinal cord injuries and brain damage.
- Lost wages. Awards damages for income lost due to inability to work. This may include future earnings if you cannot return to your job.
- Pain and suffering. Covers physical pain and emotional distress caused by the accident. It reflects the effect on your quality of life.
- Property damage. This covers repairing or replacing personal property damaged in the accident. This might include items like clothing or a phone.
- Punitive damages. In situations of gross negligence, additional damages may be awarded. These aim to punish the distracted driver and deter similar behavior.
Understanding the types of compensation helps you know what to expect. Your lawyer can advise you on what damages are applicable in your case.
Challenges in Proving Distracted Driving in a Pedestrian Accident
Pedestrian accidents can lead to devastating injuries. At the same time, not all cases are straightforward. There are numerous challenges that we need to overcome to win your case. A few key examples include:
Lack of Witnesses or Concrete Evidence
Sometimes, there are no witnesses to the accident, making it harder to prove distracted driving. Without concrete evidence, it's your word against the driver's. This can complicate your personal injury claim. Gathering any available evidence becomes even more critical in these situations.
Disputes Over Liability or Fault
The driver or their insurance company may dispute who was at fault. They might claim you were not paying attention or violated traffic laws. Such disputes can delay or reduce your compensation. Having a personal injury lawyer can help counter these arguments effectively.
Role of Comparative Negligence in Oklahoma
Oklahoma follows a comparative negligence rule. As a result, if you are found partially at fault, your compensation may be reduced. For example, if you were 20% at fault, you would receive 80% of the damages. Understanding this law is important in pedestrian accidents involving distracted drivers.
How a Lawyer Can Help With Pedestrian Accident Claims
A skilled personal injury lawyer can be a critical ally in your case. A few ways a lawyer can fight for you include:
- Investigating the accident. They can gather evidence and interview witnesses. This strengthens your claim against the distracted driver.
- Negotiating with insurance companies. Lawyers can handle communications with the insurer. They work to secure a fair settlement for your damages.
- Proving liability. They can establish the driver's negligence. This involves presenting evidence of distracted driving.
- Calculating damages. A lawyer ensures all your losses are accounted for. This includes medical expenses, lost wages, and pain and suffering.
- Representing you in court. If needed, they can take your case to trial. This helps you protect your rights throughout the process.
Having legal support boosts your chances of a successful personal injury claim. It allows you to focus on recovery while your lawyer handles the legal matters. Let our experienced personal injury lawyer fight for your rights.
Contact Our Tulsa Pedestrian Accident Lawyer For a Free Case Consultation
If a distracted driver has injured you, you don't have to face the aftermath alone. At Richardson Richardson Boudreaux, we fight for you after a distracted driving accident. Our experienced pedestrian accident lawyer is here to help you work through the legal process.
The case results show that we always put our clients first. We are dedicated to fighting for your rights and recovering the compensation you deserve. Contact us today for a free consultation to discuss your case.
Charles "Chuck" Richardson is a highly respected attorney and Managing Partner of Richardson Richardson Boudreaux Injury and Accident Attorneys. Renowned for his expertise in handling complex personal injury cases, including medical malpractice, commercial truck accidents, and catastrophic injury claims, Chuck has a proven track record of securing large verdicts and settlements. With an unwavering commitment to justice and a reputation for fearlessly taking on tough cases, Chuck has established himself as a powerful advocate for his clients' rights and financial recovery.
