What Steps Should I Take After a Distracted Driving Accident?

What steps should I take after a distracted driving accident? After a distracted driving accident, you should seek immediate medical attention, call the police, begin gathering evidence, and alert your insurance, but avoid admitting fault. 

Additionally, you should hire a New Orleans car accident lawyer, track expenses, and document how the accident has affected your daily living.

Prompt Medical Evaluation Can Be Invaluable

Seeking medical evaluation immediately after an accident is the first step to take after a distracted driving accident and can be a large determinant in how large your settlement is. Delaying medical attention can not only be dangerous, as some injuries do not show up immediately, but also detrimental to your case, as it may show that your injuries were not serious or related to the accident.

Attending all follow-up appointments is also a must. Tracking your injuries as they heal may make it easier to associate them with the accident, as it provides a timeline. It also protects your health by ensuring you receive proper treatment. 

While injuries may seem minor, or treatment may feel like it isn’t working, following the guidance of a medical professional is a key part of your recovery, along with your insurance claim. Consequences of delaying or avoiding this step can be detrimental. 

Call the Police Immediately After a Distracted Driving Accident

Calling the police immediately is an essential step to take after a distracted driving accident. It allows them to complete their investigation with minimal disruptions to the scene. Having a police report on file is essential to your case. A police report:

• Documents the scene
• Identifies all drivers involved
• May note evidence of distraction, such as phone use
• Provides an official record for insurance and legal claims

Even if the other driver asks to “handle it privately,” calling law enforcement helps protect you from later disputes about fault or injury severity. Police reports are highly regarded in the event your case must go to court, as they provide a professional, non-biased recount of the scene. 

Gather Evidence at the Scene

The sooner you can start gathering evidence, the better. Especially on busy roads, evidence can be disturbed quickly. The sooner you can begin documenting the scene, the better. Critical evidence includes:

• Photos of vehicle damage
• Skid marks and debris
• Traffic signals
• Road conditions
• Visible injuries
• Witness information
  

If you suspect distracted driving, try to note behaviors such as the driver holding a phone, texts, or calls visible on their screen, or statements like “I didn’t see you” or “I was just checking something.” This evidence can be extremely valuable later when proving negligence. However, you should avoid actions that could further escalate a situation, so in some cases it’s better to let the police handle this. 

Do Not Admit Fault or Apologize After a Distracted Driving Accident

You should not admit fault or apologize after a distracted driving accident. Even simple statements like “I’m sorry” can be misinterpreted as an admission of liability and later used against you to demonstrate fault. 

While waiting to discuss the case with your attorney, you can exchange required information, cooperate with law enforcement, and stick to factual statements only. This will help protect you from self-incrimination, which insurance adjusters may later use to displace blame. 

Louisiana abides by a pure comparative fault rule (Louisiana Civil Code Article 2323), meaning that even if you are partially at fault, you may still be able to recover damages, minus the percentage of fault you are deemed responsible for. Let investigators and insurance companies determine fault based on evidence, not emotional reactions made in a stressful moment.

Report the Distracted Driving Accident to Your Insurance Company Promptly

Reporting the incident to your insurance company is an important step to take after a distracted driving accident. Most insurance policies require timely notice of any accident, regardless of fault. When reporting:

• Provide basic facts such as time and place of the accident, whether the vehicle is drivable, or whether you’ll need a tow truck
• Avoid speculation; provide only objective observations
• Do not give a recorded statement without representation

It is within your rights to speak to a New Orleans personal injury lawyer before making any formal statements. Doing so can help protect your rights throughout the process and prevent you from accepting any lowball offers from insurance companies.

Keep Detailed Records of Expenses After a Distracted Driving Accident

Keeping detailed records of all expenses ensures that you provide all necessary information to recover full damages for your accident. Important records include:

• Medical bills and treatment notes 
• Repair estimates
• Prescription receipts
• Missed work documentation
• Travel expenses for medical treatments
• Costs for adaptive equipment 
• Transportation costs while the vehicle is being repaired 

These records help establish the full impact of the accident and support claims for medical expenses, lost wages, and other costs. 

Track How the Distracted Driving Accident Affects Your Daily Life

You should track how the distracted driving accident affects your daily life and well-being. This can help strengthen your case.

Keep notes on pain levels, sleep disruption, emotional distress, activities you can no longer do, changes in work or family responsibilities, and any other ways the accident has affected your daily living. If your life has been altered due to your injuries or the accident, it should be documented. 

In Louisiana, you are able to sue for a car accident even if you were not hurt. While this typically covers financial losses such as depreciation of your vehicle or costs of repairs, with the right documentation, you may be able to file for emotional distress, even without physical injuries. These cases are difficult to prove, so it is essential that you document everything. 

Consult a Lawyer After a Distracted Driving Accident

Understanding what you should do after a distracted driving accident can be challenging, but it can be made easier with guidance from the right legal team. 

With Scott Vicknair Injury Lawyers, you can feel confident knowing that you will have an advocate in your corner, ensuring the process is followed diligently. Contact us today for your free consultation and see what your case may be worth.