Drivers have a duty to pay attention to the road that’s in front of them to avoid accidents and potential injuries to both themselves and everyone around them. However, there have been distracted drivers for just about as long as there have been automobiles.
Today, distractions are everywhere, coming in many different shapes and sizes, and causing accidents that are more and more dangerous with the high speeds of today’s roads. If you’ve been a victim of one of these accidents, the good news is you may be able to pursue legal recourse for your injuries.
At The Stewart Law Firm in Austin, our Texas car accident attorneys have seen every kind of car accident there is, and we’ve helped clients from all walks of life get the compensation they need to get them back on their feet after suffering from these accidents. In this blog, we discuss what to do after you’ve been in a wreck caused by a distracted driver.
1. Prepare Yourself at the Scene of the Crash
First, you’ll want to ensure everyone’s safety by moving to a safe location and checking for injuries. Then, it’s important to call emergency services to report the accident and request medical assistance if needed.
While you’re still at the scene of the crash, gather details from the distracted driver, including their name, contact information, and insurance details. You’ll also want to collect the names and contact details of any witnesses who can provide statements about the distracted driving incident.
Before you leave, be sure to document the scene, as well. Take photos of the accident, vehicle damage, and any relevant road signs or signals before you head to get checked out by a doctor (even if you think you feel fine).
2. File an Insurance Claim
Texas requires all drivers to carry an absolute minimum of 30/60/25 in liability insurance, or in other words $30,000 per person for bodily injury up to a maximum of $60,000, plus $25,000 in property damage repairs.
While this may not be a lot, it could be what you need in order to cover the costs of the medical expenses you sustain as a result of your car accident injuries.
You should consider filing a claim against the other driver’s insurance, citing your injuries, and provided the other party is shown to be liable, your expenses will be covered up to this $30,000 limit.
3. File an Injury Lawsuit
You can also consider holding the other driver directly accountable for their actions. If you know for a fact they were negligent by becoming distracted behind the wheel, you could choose to file a lawsuit directly against them for the cost of your damages.
While this is often a much more difficult route to go, this is an option that some people choose to pursue to make sure they receive the compensation they’re entitled to, particularly in instances where their insurance company is moving unnecessarily slowly on deciding the outcome of a claim.
4. Get Legal Representation
Whatever you choose, the first and most important thing you should do is ensure you have a powerful and valuable legal representative ally on your side.
Personal injury law may seem fairly straightforward on the surface, but the actual details are highly complex, so you need an experienced Austin car accident lawyer on your side who can take a pragmatic and experienced approach to your case while also keeping your goals and best interests as the focal point of their strategy.
Contact The Stewart Law Firm Today
If you’ve been hurt in a car accident, review your legal recourse options by speaking with a representative from The Stewart Law Firm today! Call us at (512) 326-3200.
