Did You Get into an Accident With a Texting Driver? Here’s What You Can Do

February 1, 2024 | Ed Bernstein
Did You Get into an Accident With a Texting Driver? Here’s What You Can Do

If you have suffered an injury due to getting into an accident with a texting driver, you're looking for justice. You want that person to pay for their carelessness and all your accident-related expenses. Engaging the services of a car accident attorney ensures that you receive precisely the compensation you deserve.

The following is some information on the damage that texting drivers can do and how hiring a car accident lawyer will increase your chances of obtaining maximum compensation for your suffering.

The Frequency of Texting While Driving

Did You Get into an Accident With a Texting Driver Here's What You Can Do

Professionals estimate that about nine people die every day in the US due to distracted driving, with texting while driving the biggest culprit. According to the National Highway Traffic Safety Administration, at this moment, there can be more than 340,000 people across the country using a phone while driving.

Texting while driving takes a motorist's focus off the road for about five seconds. Traveling at 55 miles per hour while texting is equivalent to driving 100 yards (the length of a football field) with their eyes closed.

Victims of distracted driving accidents often suffer life-altering injuries due to this dangerous behavior. Many others are tragically lost. Those who continue to talk and text while driving must face accountability. A skilled car accident attorney can do precisely that.

What to Do After an Accident With a Texting Driver

Suffering a concussion or another severe injury in a car accident can leave you in a mental fog. You're dealing with excruciating pain, and you're worried about your mounting bills and lost income because you can't work.

While it's understandable that you just want to rest and recover, some actions you can take will improve your chances of getting the money you have coming. Here are just a few.

Document Everything

Keeping meticulous documentation of your post-accident experiences will be critical to your case. Keep a detailed journal capturing your physical pain and emotional distress, as well as any other challenges you encounter during your recovery. This journal will be a personal record of the accident's impact on your life.

Also, maintain detailed records of all your accident-related expenses. These records should include receipts for medical treatments, medications, rehabilitation services, and any other costs directly associated with the accident. Not only do these documents assist in monitoring your expenditures, but they also function as tangible evidence in your case.

Obtain Copies of the Police Report

When a car accident results in injuries, police investigate how it happened. The report of that investigation will be crucial to your case. If you can obtain a copy, please do so. If not, ask your car accident lawyer to do so immediately.

The report will provide an objective account of the accident, detailing:

You and your car accident lawyer will carefully analyze the report for inaccuracies or omissions. If there are any issues, you must address them promptly with the law enforcement agency responsible for the report.

Why You Need a Car Accident Attorney

Why You Need a Car Accident Attorney

You'll have significant financial losses or damages if you've suffered a severe injury. The insurance company covering the texting driver knows this, so they'll do all they can to protect their profits by denying your compensation. If they can't deny it, they'll at least minimize it. Your only realistic chance of getting what you have coming is hiring a car accident attorney.

A skilled attorney will be your most valuable ally, guiding you through the complexities of your case and protecting your rights. These are just a few of the ways they can help.

Investigating the Accident

No matter how certain you may be that a texting driver caused the accident leading to your injury, you'll still have to prove it. Your car accident lawyer will investigate to find that proof.

Skilled attorneys bring a wealth of experience when investigating an accident's circumstances. They conduct thorough examinations of the evidence, interview witnesses, and often collaborate with accident reconstruction professionals. The comprehensive investigation aims to give your car accident lawyer a clear understanding of the events leading to the collision so they can identify all relevant contributing factors.

The evidence your lawyer gathers through their investigation will help them build the most compelling case possible, showing the texting driver's negligence and strengthening your case.

Obtaining Phone Records

Getting the texting driver's phone records is critical in building your case. Attorneys have the legal experience to use appropriate channels to secure access to these records. You can't overstate the significance of these records to your case. They can paint a clear picture of the negligent driver texting or talking when the accident occurred.

Obtaining phone records involves a deep understanding of the legal framework surrounding privacy. Experienced car accident lawyers have that understanding and know what they must do to comply with privacy laws. Their experience will ensure the evidence they collect will be admissible in your case since they obtained it lawfully.

Your attorney's ability to provide this concrete evidence of distracted driving will strengthen your case significantly. Whether these records reveal a pattern of texting behavior or identify a specific message sent or received at the time of the collision, they can be the key to unlocking the truth behind the accident.

Defeating Insurance Company Tactics

Defeating Insurance Company Tactics

As essential as investigating and obtaining phone records for your case, your car accident lawyer's ability to stand up to the insurance company will be just as critical. Again, the insurer will fight tenaciously to keep you from obtaining maximum compensation. Your lawyer must be just as tenacious in protecting your rights.

Insurance companies often employ various tactics to deny claims. Seasoned personal injury attorneys are well-versed in these strategies and adept at developing effective counter-arguments. The following is how the insurer will likely try to damage your case.

Downplaying Injuries

One standard tactic insurers use is downplaying the severity of injuries sustained in an accident. For example, the insurer covering the texting driver may argue you're not as badly hurt as you claim or you already had an injury before the accident.

Your attorney will act as a staunch advocate, presenting thorough medical documentation and professional opinions to verify the true extent of your injuries. By countering attempts to minimize the accident's impact, your attorney ensures you receive fair compensation for all your damages.

Disputing Liability

You can also expect the insurer to try to dispute liability by shifting blame to you or downplaying their policyholder's negligence. But your car accident lawyer can defeat this tactic through hard evidence showing how the accident happened. This evidence includes the phone records mentioned earlier and the police report, witness statements, etc.

Offering Low Settlement Amounts

The insurer knows you're probably worried about your mounting expenses. They'll use this uncertainty to entice you into accepting a lower settlement than you deserve.

You'll likely receive a settlement offer soon if you haven't already received one. The offer will seem like a significant amount of money, and it is. Insurers do this because they know your damages are worth far more. If you accept the offer, your case will end. You won't have any legal options left.

In far too many instances, accident victims who accept low-ball offers soon regret the decision. They find out the hard way the money doesn't come close to paying for their expenses. These unfortunate victims must pay out of pocket for whatever expenses remain.

Rest assured, a car accident lawyer is determined to prevent such a situation from befalling you. They possess an accurate understanding of the true value of your case and are relentless in their pursuit to ensure you receive a settlement that is not just fair but equitable. Your lawyer is committed to advocating for your rights and won't cease their efforts until you secure the compensation you deserve.

Negotiating With the Insurer

Negotiating With the Insurer

Negotiating with an insurance company is arguably the most pivotal task that your car accident attorney will undertake. The role demands a nuanced combination of legal acumen and adept negotiation skills for optimal effectiveness.

The finest attorneys transcend mere legal practice; they delve into the intricacies of persuading an insurance company to provide fair compensation. It's not just about knowing the law but understanding negotiation dynamics. Let's take a moment for an in-depth glimpse into the strategies employed by skilled attorneys in navigating this crucial aspect of their practice.

Comprehensive Case Assessment

Your car accident lawyer must comprehensively assess your case before negotiations begin. They'll evaluate all relevant factors, including your medical bills, lost income, pain and suffering, and other long-term impacts on your life. They'll use this understanding to craft a compelling case that accurately represents the true extent of your damages.

A Strategic Approach

There's no one size fits all method to negotiate with an insurance company. Your attorney must tailor their approach to your case's unique circumstances. They'll present a strong case built on evidence, professional opinions, and legal precedent. They'll argue from a position of strength, not weakness. When they present all the facts to the insurer, the company will realize it's in their best interests to pay what your case is worth.

Ensuring Equitable Compensation

The ultimate goal of negotiations is to secure a settlement that reflects the damages you've incurred. This goes beyond a simple calculation of medical bills and lost income; it considers the intangible impacts on your life. Your attorney will work to ensure that the compensation offered covers not only the immediate costs but also the long-term consequences of the accident.

Why You Must Follow Your Doctor's Treatment Plan

As critical as hiring a car accident lawyer will be to your case, following your doctor's treatment plan to the letter will be just as essential.

First, doing so will be crucial to your recovery. By consistently attending medical appointments, undergoing recommended therapies, and following the advice of healthcare professionals, you demonstrate your commitment to regaining your health. You'll have a much better chance of fully recovering from your injury.

Why it Will Help Your Case

Following medical advice will contribute to your physical well-being and the strength of your case. Documenting your commitment to recovery will provide a persuasive argument when presenting your case to insurers or in court.

Not only is your health at stake but also your financial stability. Immediate medical care is extremely expensive. So is the care you might require on an ongoing basis. 

For example, people often need physical therapy after an injury. The standard fee for a single assessment can cost as much as $150 and up to $150 for each session afterward. If a victim has a severe injury, they may need years of therapy multiple times a week.

Again, insurers will seek any excuse to deny compensation. If the texting driver's insurance company finds out you're not attending scheduled medical appointments or not following your doctor's treatment plan, they'll use that against you.

In addition to following medical advice, thoroughly documenting your injuries will be another crucial aspect of your case. Record all diagnoses, treatments, prescriptions, and anything else about your medical care.

Photographic evidence of injuries can also be powerful documentation. Take pictures of visible injuries at various stages of your recovery to illustrate the progression and lasting impact of the accident.

This visual evidence can illustrate the severity of your injuries when presenting your case.

Maintaining a comprehensive file of medical records allows you to present a clear and detailed account of the physical and emotional toll the accident has taken on your life. This documentation serves as tangible evidence that supports your compensation claims.

Make the Best Choice. Speak With a Car Accident Lawyer

Don't let the texting driver who caused your suffering get away with their carelessness. Hire a skilled Las Vegas personal injury attorney immediately to fight for what's right and force that driver to face accountability. Your attorney can take a great deal of stress off your shoulders so you can focus on recovering physically and emotionally.


Ed Bernstein

Edward M. Bernstein, Esq. is the owner and founding partner of Edward M. Bernstein & Associates, and one of the most recognizable figures in Nevada. Ed is one of state’s premier personal injury attorneys and has hosted The Ed Bernstein Show for over 31 years. He has served the Las Vegas community for decades with dozens of community appointments and terms of service. In the year 2000, he was Nevada’s Democratic nominee for the United States Senate.

Ed received his B.A. from Long Island University in 1971 and his J.D. from Widener University in 1975. Since then, Ed’s professional accolades include numerous publications, honors and awards, court appointments, and has been named one of America’s Top 100 High Stakes Litigators.