Virginia law prohibits people from texting while operating a motor vehicle. If a driver causes an accident due to texting and that accident causes you to suffer injuries, you have the right to file a claim for compensation.
To build the strongest claim, you should take the following steps after being involved in an accident with a driver who was texting.
Seek Medical Treatment
Anytime you receive an injury in an accident, seeking medical treatment is essential. In addition to improving your chances of recovering from the injury more quickly, visiting a medical professional promptly will be helpful for your claim. Evidence of early medical intervention will make it much more difficult for an insurance company to deny your claim.
Request a Copy of the Police Report
Virginia law requires law enforcement to file a crash report for any accident in which a person receives an injury or loses their life. Obtaining a copy of this report is critical because it will contain information about the circumstances of the crash, as well as the responding officer’s assessment of the cause of the accident and who was at fault.
If other people witnessed the crash, their statements could help establish that the at-fault driver was texting when the accident occurred. Because witnesses may quickly begin to forget what they saw, you should contact them to secure statements as soon as possible.
Furthermore, other vehicles may have had dashboard cameras that might have captured the driver’s texting as it happened. Securing any such footage can greatly strengthen your case. An experienced Virginia Beach attorney can help you obtain any statements or footage where necessary.
Contact the Prosecutor
If the at-fault driver received a citation for illegal texting while driving, they might try to plead their ticket down to a lesser charge. If the accident resulted in injuries, you should notify the prosecutor as soon as possible. A conviction for distracted driving will help your case, but if the at-fault driver reaches a plea agreement, you might have a more difficult time proving your claim.
If the other driver pleads guilty to charges related to texting and driving, your attorney can track down any related certificates of disposition that may strengthen your claim.
Consult with a Lawyer before Speaking with the Insurance Company
The other driver’s insurance company may attempt to contact you while you are recovering from your injuries. They may frame this conversation as a courtesy call, but often the insurance adjuster will try to get you to say something that they can use to devalue your claim. Rather than give them any information, simply advise them that you will communicate with them through your attorney. An experienced Virginia Beach car accident lawyer will know how to manage conversations with insurance adjusters to minimize any suggestion that you might be at fault for the crash.
Contact Deering Hedrick
Many people attempt to handle a car accident claim on their own. However, legal and procedural pitfalls can harm your claim. Furthermore, injured individuals who have excellent legal representation tend to receive larger payouts than those who try to represent themselves.
The legal professionals at Deering Hedrick have the knowledge and skills to handle every aspect of your distracted driving injury claim. We will investigate the accident to determine fault, negotiate with the insurance company, and even take your claim to court if necessary. We are committed to fighting for your best interests every step of the way. Call us now at 757-383-6848 or contact us online for a case evaluation to learn more about your legal options.