What Should I Do If I’m Hit by a Distracted Driver? | Boulder Injury Lawyers

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Distracted driving is unfortunately becoming a more and more common sight on the roadways. A recent poll conducted amongst Colorado drivers indicated that nearly 75% of those surveyed admitted to having driven while distracted to some extent.

Statistics as recent as 2016 show that at least 605 people were hurt or killed on Colorado roadways as a result of driving distracted, an 11% increase from the previous year.

Given the frequency of people driving under these dangerous conditions, it is inevitable that automobile accidents will occur. It is therefore critical that you familiarize yourself with precautions and steps that you should take in the event that you are involved in an accident with a distracted driver. Being prepared can go a long way to minimizing injuries, damages, and stress.

If you or a loved one has been injured in an automobile accident caused by a distracted driver, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with our Boulder car accident attorneys.

Distracted Driving

Although driving while distracted is not illegal in Colorado, there is no denying the risks that come with this task.

Distracted driving is generally characterized as doing anything that causes you to take your eyes off of the road or hands off of the steering wheel. Examples of distracted driving include:

  • Eating or drinking
  • Adjusting radio or music
  • Using your phone (e-mail, social media, text, call, GPS, etc.)
  • Checking your hair/makeup
  • Reading
  • Looking for a lost item

What to Do Following an Accident

The first thing to do after being involved in an accident with a distracted driver is to make sure that you and anybody else in the vehicle is okay. If anybody has been injured or is feeling unwell, it is important to seek professional medical attention as quickly as possible.

After ensuring the safety of everyone involved, it is important to alert the authorities of the accident. Having police respond to the scene will be important when it comes to filing an insurance claim. This is because the record and accident report established by the officers will be used in the claim settlement process.

If possible, exchange information with the party who hit you. There is no need to discuss the details of the accident with the other party. Simply collect any important information. This includes: name, contact information, insurance information, driver’s license number, and license plate.

In addition, try to take photographs of the scene and any resulting damage that occurred to your vehicle. If there were witnesses to the accident, it is important to get their contact information as well.

Finally, contact the insurance company and inform them of your situation. It is important to get the claim filing process initiated. Collect and organize any relevant documentation, such as photos, copies of police report, other party’s insurance information, in order to make the claim filing process run as smoothly as possible.

Proving Distraction

There are several ways in which you can establish that the driver who hit you was distracted at the time of the collision.

One of the most helpful sources of evidence in such cases is eyewitnesses. A person who witnessed the distracted driver doing something that forced them to take their eyes off the road or hands off the wheel while driving can play a critical part in your case against the other driver.

Other helpful sources include cell phone and social media evidence. Any type of text messages, phone calls, or social media posts made during the timeframe in question can be very helpful when it comes to proving that the other driver was distracted at the time of the accident.

Finally, physical evidence such as skid marks and physical damage to the vehicles can be helpful in establishing important aspects of the collision such as rate of speed. Any open books, food products, or makeup t found within the other driver’s car can also help prove that the driver was distracted.

Establishing Fault

Although proving that a driver who hit you was distracted is a major step is establishing fault, it is not the only the step. In order to succeed on a claim against a distracted driver, you must also show that the distraction was the proximate cause of the collision.

Even if a driver is distracted, it may be the case that the distraction was not the primary reasons for the collision, or perhaps the distraction was beyond the driver’s control. For instance, the driver may have had to make a last second maneuver in order to avoid hitting an animal or reckless car. In these cases, it will be up to the other driver to establish that the distraction and resulting collision was out of his control.

Speaking to a Car Accident Attorney

In cases involving distracted drivers, it is very important that you consider consulting with an experienced auto accident attorney. This is because a skilled lawyer will be able to handle many aspects of the case that may be difficult for an individual to handle alone.

For instance, an attorney will have the resources necessary when it comes to investigating the precise cause of the accident. Important pieces of evidence such as phone records, social media posts, and witness statements can be gathered and preserved by an attorney and his or her team.

An attorney will also be able to deal with stingy insurance companies who may be unwilling to compensate you the amount that you deserve. Above all, an attorney will be able to provide you with guidance in the best way to proceed with your claim.

Our Boulder Car Accident Attorneys Are Here to Help You

At Zinda Law Group, our Boulder auto accident lawyers have what it takes to assist you following a car accident. Our attorneys have handled many cases involving distracted drivers, and we have the resources necessary to help you build the strongest claim. We will work hard to assist you in seeking compensation for medical bills, property damage, lost wages, pain and suffering, and more.

Our firm also believes that an injury victim should never have to worry about being able to afford legal representation. That is why we offer 100% free consultations, and why you pay nothing unless we win your case. That’s our No Fee Guarantee.

If you would like to speak with a Boulder car accident lawyer or to learn more claims against distracted drivers, call Zinda Law Group at (800) 863-5312 to receive your free case evaluation.

Meetings with attorneys are by appointment only.