Car accidents are stressful, and dealing with a distracted driver can add to the complexity.
If you suspect the other driver was using a mobile device in New York, specific legal steps can help protect your rights and strengthen your case.
Gather evidence at the scene
Immediately after the accident, gather as much evidence as possible. Take photos of the accident scene, vehicle damages, and any visible injuries. If there are witnesses, collect their contact information and statements. Look for traffic cameras or nearby surveillance systems that might have recorded the incident.
Notify the police
Call the police to report the accident. When officers arrive, inform them of your suspicion that the other driver was distracted by a mobile device. Ensure this information is included in the police report, as it will serve as an official record of the accident.
Seek medical attention
Get a medical evaluation even if you don’t feel injured. Some injuries may not be immediately apparent. Medical records provide essential documentation of any injuries sustained in the accident, which can be crucial for your claim.
Preserve mobile device records
Contact your attorney to discuss preserving mobile device records. In New York, they can send a legal request, called a spoliation letter, to the other driver’s phone carrier to preserve call logs, text messages, and data usage at the time of the accident. This evidence can prove the driver’s distraction.
Report the accident to your insurance company
Inform your insurance company about the accident promptly. Provide them with all the collected evidence and the police report. Cooperate with their investigation, but avoid giving a recorded statement until you’ve consulted with your attorney.
Following these steps can strengthen your car accident case and increase the likelihood of a successful outcome when dealing with a distracted driver in New York.