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What Should I Do if I am Sideswiped by a Texting Driver?

It’s no joke being sideswiped by a distracted driver. It’s illegal to use a cell phone in most states, but that often doesn’t stop drivers from making phone calls or even texting, which is worse as it means taking hands off the wheel. If you are sideswiped and are badly injured, you may be able to obtain the compensation you will need by filing a personal injury claim.

You are strongly advised to get advice from a personal injury attorney before filing your claim. If the advice suggests that a successful claim is possible the attorney can help negotiate a fair and reasonable settlement.

What is the Chance of Being Sideswiped by a Distracted Driver?

Texting is a very common way of communicating, but it does mean the use of fingers and hands on a mobile device. It is probably one of the most dangerous of habits when driving apart from actually falling asleep at the wheel. Every driver knows it is dangerous and that it is illegal, but it still happens. A sideswipe accident happens when a driver passes far too close for safety, either in the same direction or in the opposite direction to another vehicle. The only thing worse than a sideswipe accident is a head-on collision; both are possible if one of the drivers happens to be focusing his or her attention on a text message rather than the road ahead.

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Possible Sideswipe Crash Injuries

Sideswipe accident injuries may be only minor if the collision is just a scrape, but can be catastrophic if the collision happens at speed and you are forced into the path of another vehicle or right off the road. Injuries may range from scratches, minor cuts and bruises right through to major injuries like spinal damage, broken bones, internal organ damage and brain damage.

What You Could do to Recover Damages

All personal injury claims depend for their success on sufficient proof that negligence has occurred. This may be obvious from an investigation into the crash, the damage done to the vehicles and witness statements if available. You will want to take photos if you are able to do so, and make sure you get a copy of the police report. You will also need to show evidence of your injuries and how much it is going to cost you financially.

Each state makes its own rules that determine how and when a claim for compensation can take place and what is allowed. You will need to find out about statutes of limitation, whether the state is a no-fault state or not, whether there are any caps on payments and whether any fault which is due to your own actions is taken into account. Your attorney can help you with all these things.

Why You Should Use an Attorney to Help You With a Personal Injury Claim

A personal injury claim is directed towards the other driver’s insurance provider who then appoints an adjuster to investigate the claim. You are likely to be at a disadvantage if you try and negotiate a payment all by yourself. An experienced personal injury attorney can make all the difference between obtaining nothing or a fair and reasonable compensation settlement.

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