Almost everyone is guilty of it at least once while behind the wheel. We’re talking about distracted driving. Whether it’s taking your hands off the wheel, gawking at an accident, using your cell phone, or simply letting your mind wander, you’re guilty of driving while distracted.
Did you know that distracted driving accidents resulted in 3,308 traffic fatalities nationwide? This means even if you’re not the one driving distracted, someone in your vicinity probably is. If you’re calculating the value of a New Orleans distracted driving claim, you want to receive the maximum amount. However, what you do immediately after the accident can impact your ability to file a claim.
Don’t Wait to Report the Accident
Some states let drivers wait to report certain types of vehicle accidents. Others prefer motorists to immediately report any type of vehicle collision. As a licensed driver, you should be familiar with local state laws. In Louisiana, you’re legally required to report any traffic collision resulting in injuries, fatalities, or property damage exceeding $500. Failing to make a report can result in fines and even potential jail time.
Reporting the accident immediately can also help support your personal injury claim. The authorities can investigate the accident scene and question witnesses while everything is still fresh. You’re also going to need a copy of your accident report to submit with your injury claim. Your report serves as proof that the accident happened. Without your report, your claim isn’t going to progress very far through the legal process.
Don’t Delay Medical Treatment
Not every traffic accident results in severe injuries. You may feel fine initially after the accident. What you don’t want to do is announce you’re uninjured. This may end up in your accident report and can significantly complicate your injury claim.
Instead, if the responding authorities or any witnesses inquire about your injuries. Simply let them know your injuries aren’t serious enough to warrant an ambulatory ride to the emergency room. This doesn’t mean you shouldn’t still make a medical appointment as soon as possible. You may have soft tissue injuries or internal bleeding. Even though it can take some time for these types of injuries to display signs and symptoms, you don’t want to put off a diagnosis and treatment.
Save all of your documentation relating to your injuries and treatment. You’re going to need your records to prove you suffered injuries as a result of the distracted driving accident.
Collect Evidence at the Accident Scene
If you waved off a ride to the hospital in an ambulance and feel up to it, take a few minutes to document the accident scene. Don’t go overboard, you’re not a crime scene tech or badge-carrying detective. All you’re doing is gathering some evidence to help prove your version of events.
Proving fault in distracted driving cases can be tough, so it’s a good idea to get as much evidence as possible.
What type of evidence do you want to collect? Put away your plastic gloves, you’re not collecting that type of evidence. Instead, grab your cell phone and open the camera app. You’re going to be taking some pictures of your vehicle damage. Do you have any visible injuries that do not require immediate medical attention? If so, take some photographs of your injuries. This also includes any non-serious injuries any vehicle passengers may suffer.
Try to get photos of your vehicle’s position. Where your vehicle ends up after the accident can help establish fault. You should also make note of any surveillance cameras in the area. Your personal injury attorney can subpoena the footage. The video can help determine liability if it’s in question, which can go a long way toward protecting the value of your accident claim.
Contact the Insurance Company
Which insurance company you contact depends on state law. If you’re filing a claim in Louisiana, you turn to the at-fault party’s insurance company. This is because Louisiana follows at-fault insurance laws. A few other states, like Florida, use no-fault insurance guidelines. This means you file a claim with your insurance provider even if you’re not responsible for the accident.
Since this is early in the claim process, you’re only alerting the insurance provider that an accident resulting in damages occurred. This also satisfies the statute of limitations requirements, so you don’t need to worry about missing any filing deadlines.
What you don’t want to do is go into details about the accident or your damages. Chances are, you’re still calculating your claim’s value, so there’s no reason to discuss any of these details with the insurance adjuster. Keep in mind that anything you say about the accident can be used by the insurance adjuster to try and reduce the value of your claim.
You should also avoid being recorded by the insurance company, if possible. If all conversations are automatically recorded, just be careful what you say. After the initial contact, it’s usually best to refer all other discussions with the insurance company to your injury attorney.
Calculate Your Damages and Submit Your Claim
Calculating your damages usually isn’t a simple process. Most distracted driving accident claims include economic and non-economic damages. You can come up with the value of your economic damages by adding up bills, receipts, and estimates. All you need is a calculator.
Non-economic damages are different. These are intangible things like mental anguish, pain, and suffering. Since you can’t fall back on bills and receipts, you need to get a little creative. This means using either the per diem or multiplier method to estimate the value of your non-economic damages.
Once you know the value of your claim, it’s time to submit it along with your supporting evidence. Now, you wait to hear back from the insurance adjuster. Your claim will either be approved or denied, or you’ll enter into negotiations to see if you can’t reach an acceptable settlement.
You Can Recover Compensation for a New Orleans Distracted Driving Accident
Working with a personal injury attorney can make it easier to navigate the legal process. From proving liability to calculating damages, your attorney can help with every aspect of your claim so you can receive fair compensation for your distracted driving accident.
