What steps should I take right after a distracted driving accident?
- Ensure the safety of everyone involved and call emergency services
- Document the scene by taking photos, gathering witness contact information, and collecting details from the other driver
- Refrain from admitting fault and consult with an attorney as soon as possible
How can I demonstrate the other driver was distracted?
Distraction can be proven through:
- Phone records showing usage at the time of the accident
- Statements from witnesses
- Footage from traffic cameras
- Police reports documenting signs of distraction, such as cell phone use
Will insurance cover all my damages from the accident?
While insurance may cover some damages, it often doesn’t account for the full extent of your losses. An attorney at Fiore Legal can negotiate with the insurance company or file a lawsuit to recover both economic and non-economic damages.
Can a passenger sue the distracted driver they were riding with?
Yes, passengers injured due to the driver’s distraction can file a claim to seek compensation for their injuries and related damages.
What is the significance of a police report in a distracted driving case?
A police report can serve as critical evidence by including observations of distracted behavior, issued citations, and witness accounts, all of which can strengthen your case.
How long do I have to file a lawsuit for a distracted driving accident in California?
California’s statute of limitations for personal injury claims is two years from the accident date. Acting quickly ensures you don’t miss this deadline.
What if I notice injuries sometime after the accident?
If injuries surface later, you can still seek compensation, provided the statute of limitations hasn’t expired. Consulting an attorney promptly is essential to address these claims effectively.