A negligent driver who causes a crash is responsible for the damages they cause to the people they injure. There are several things you should do after being involved in a texting and driving accident in New York:
- Seek immediate medical attention
- Collect evidence and witness contact details at the accident scene
- Deal with the insurance company in a way the serves your best interests
- Discuss your situation with an injury lawyer
Being injured through no fault of your own can seriously impact the way you live and work. You deserve to be properly compensated. You also shouldn’t have to worry about paying bills, keeping your job, or looking after yourself and your family when someone’s careless behavior suddenly upends your life. There are a few steps you must take, though, to ensure you are protected against paying for your damages.
Your Health Is the Number One Priority After an Accident
Following a car accident, tending to your health (and any passengers, as well as the other driver) should be your main priority. Even if you feel uninjured, adrenaline can mask symptoms that may not appear until later, so it is vital to ensure that you are correctly diagnosed and treated by a medical professional.
Seeking medical attention and following prescribed treatment plans will also help with your case later. Medical records play an important role in proving your claim by linking your injuries to the accident.
Further, if you delay or fail to seek medical attention, the insurance company responsible for paying out your claim could use this to their advantage. You will lack the appropriate records to help prove your injuries were sustained in the accident, hurting your claim.
You will Need to Prove the Other Driver’s Negligence
Proving negligence (or careless conduct that causes harm to another person) is crucial in car accidents as it determines whether you are eligible for compensation. Unfortunately, negligence is often disputed. So, the quality of evidence you have to support your claim is vital to show the other driver acted carelessly and you suffered injuries as a result.
If you are able and it is safe to do so, you are encouraged to gather evidence at the scene. It can be beneficial to your case if you:
- Take photographs of your injuries, damages to the vehicles, the accident scene, location of traffic signals, and CCTV cameras
- Exchange details with the other driver
- Find out if the driver was working for their employer at the time of the accident and obtain the employer’s name and contact information if possible
- Gather the names and contact information of any witnesses to the accident
- Record your version of the event in detail
- Keep bills for all expenses you incur as a result of the accident
- Keep a diary of how the accident has affected your personal and work life
While this information is vital to your case, other forms of evidence can include documents such as medical bills and records, employment records, witness statements, police reports, accident interrogatories, depositions, and expert testimony. A lawyer on our team can assist you in securing any of these. Gathering the proper evidence is just one of the many ways we help our clients.
Don’t Settle for Anything Less Than You Deserve
Having legal representation to protect your rights and fight for the compensation you deserve can be invaluable in an injury claim for many reasons, such as:
- An attorney’s knowledge of how insurance companies work to minimize what they pay and overcome tactics used to devalue or deny a valid claim
- Proving the other driver’s negligence caused your injuries by building a solid argument on your behalf
- Determining the value of your claim to make sure you receive compensation reflecting the full extent of your injuries and other damages you have suffered
- Vigorously fighting for your best interests in settlement negotiations
Know that insurance claims adjusters are skilled negotiators whose job is to close claims quickly and pay out as little as possible since they operate as for-profit organizations.
Therefore, you should never feel pressured into accepting a settlement offer, and you are entirely within your rights to seek legal advice before agreeing to anything from an insurer.
Let a Lawyer From Our Firm Advocate for You After Your New York Car Accident
Understanding what happens if you are involved in a texting and driving accident in New York is one thing. Dealing with a complex legal claim alone while recovering from your injuries is another. This is where we can help make life a little easier and pursue the compensation you need to move past this painful experience.
Having our team in your corner to manage every aspect of your case enables you to focus on what is most important to us both: your best recovery. To learn more about your legal options, call for a free consultation at (516) 358-6900 today.
For a free legal consultation, call 516-358-6900The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.