A distracted driver may only look away from the road for a few seconds, but the damage can last much longer. A crash can leave you dealing with injuries, medical bills, missed work, vehicle damage, and questions about who should pay for it all.
Distracted driving remains a serious problem across the U.S. In 2024, 3,208 people were killed and more than 315,000 were injured in crashes involving distracted drivers, according to the National Highway Traffic Safety Administration.
If you were hurt in Fayetteville, AR, after another driver was distracted, knowing what to do next can help you protect your health and your potential claim.
1. Get Medical Attention First
Your health should come before the legal side of the accident. If you are injured, seek medical attention as soon as possible, even if the pain seems manageable at first.
Some car accident injuries may not be obvious immediately. A medical evaluation can help identify injuries and create a record of the treatment you received.
Follow your doctor’s instructions and keep records of appointments, prescriptions, bills, and other accident-related expenses. These documents can later help show how the crash affected you.
2. Report the Crash and Gather Evidence
Call the police after the accident and make sure an official crash report is created. If you can safely do so, take photographs of the vehicles, road conditions, traffic signs, visible injuries, and anything else that may help explain what happened.
Get the other driver’s contact and insurance information. You should also collect contact details from anyone who witnessed the crash.
Evidence can become important when the other driver’s account differs from yours. Phone records, traffic camera footage, vehicle damage, witness statements, and the police report may help establish what happened.
The National Highway Traffic Safety Administration defines distracted driving broadly. It can include texting, eating, adjusting navigation, talking to passengers, or using entertainment systems, not only cellphone use.
3. Be Careful When Speaking With Insurance Companies
After a crash, the other driver’s insurance company may contact you about the accident. You should provide necessary information, but be careful about making statements that could be misunderstood or used to reduce the value of your claim.
You do not need to guess about how serious your injuries are or say that you are feeling fine when you are still being evaluated. You also should not agree to a settlement before you understand the full extent of your losses.
Keep copies of correspondence, bills, repair estimates, and other documents connected to the accident. Having everything in one place can make it easier to understand what you have lost.
4. Establish How the Driver Was Distracted
Proving that a driver was distracted can be important, but it may not always be as simple as asking the driver to help establish what happened.
This is one area where legal support can be of utmost importance. A distracted driving attorney in Fayetteville, AR can help investigate the circumstances of the crash, identify useful evidence, and determine how the available information may support your claim. Attorneys specialized in these cases, such as McMath Woods P.A., also work with industry experts when investigating car accident claims, particularly when determining what happened requires a closer examination of the evidence.
The exact evidence available will depend on the circumstances of the crash, so there is no single method for proving distraction in every case.
5. Keep Track of Your Losses
A serious accident can create expenses that go well beyond the initial medical bill. Depending on the circumstances, you may have costs for emergency treatment, follow-up care, medication, rehabilitation, vehicle repairs, and transportation.
You may also lose income if your injuries prevent you from working. In more serious cases, an injury could affect your ability to earn the same income in the future.
Keep receipts and other records for these losses. It can also help to keep a simple record of how your injuries affect everyday activities, work, and your ability to care for yourself.
The purpose is not to create paperwork for its own sake. Good records help show the actual effect the crash has had on your life.
6. Understand Your Legal Deadline
Do not wait indefinitely before looking into your legal options. Arkansas generally has a three-year statute of limitations for negligence claims, although the deadline can vary depending on the circumstances of a case. Arkansas courts have applied the three-year period to state-law negligence claims.
Other rules can affect when a claim must be filed, so the specific facts of your accident matter. Speaking with an attorney early can help you understand which deadlines apply and what steps may be needed to preserve a claim.
Starting sooner can also make it easier to locate evidence while it is still available and speak with witnesses while their memories are fresh.
Moving Forward After a Distracted Driving Crash
A distracted driving crash can leave you dealing with much more than vehicle damage. Getting medical care, documenting the accident, preserving evidence, keeping track of losses, and understanding your legal deadline can help you make informed decisions about what comes next.
You do not have to figure everything out on the same day. Focus first on your health, then gather the information you need to understand your options and determine whether pursuing a claim makes sense for your situation.