Someone was texting while driving and hit me. Now what?

It’s no surprise that texting and driving don’t mix.

While any kind of distracted driving is problematic, texting and driving creates a situation that is especially dangerous.

According to Health Research Funding (, the average amount of time it takes to send a text is 5 seconds. This amount equates to the equivalent of a football field where the texting driver doesn’t know what is happening on the road.

In the blink of an eye, a distracted driver can cause a serious accident, sometimes even resulting in fatalities.

The total number of crashes that are related to a cell phone use each year is equal to 1.3 million, so the numbers clearly add up as significant driving hazard.

Many states have enacted legislation to make texting illegal as it presents such a risk on the road. If you have been hit by a driver texting, the following are the steps you should take:

1.Always call the police.

Make sure you contact the police after an accident. If you have concerns or suspicions that the other party was texting when the accident occurred, then relay this to police officers. This information will go into the official report.

2.Document with photos and videos.

Photographs and videos are very compelling evidence. This information can show the point of impact, skid marks, stop signs and other useful information in assessing liability.

This may be especially helpful in showing the other driver did not see traffic signs because they were texting. If the other party is being tested in a field sobriety test, try to take a video or pictures, if possible.

3.Cell phone records.

While the driver’s cell phone company will not release cell phone records unless they are forced by court order, this is something a legal professional will be able to assist you with and obtaining the other drivers cell phone number at the scene can be helpful.

4.Seek medical treatment.

Don’t brush off any injuries and be sure to seek medical treatment if you have been injured. Make sure your physician knows any injuries are likely attributable to the accident.

Texting and driving presents a significant risk on the road.

Companies like AT&T have implemented programs such as “It Can Wait” encouraging drivers to avoid texting while driving.

If you have been injured in an accident with a driver who was likely texting, it’s in your best interest to seek the advice of a trusted legal professional who can evaluate your case and secure your rights.

Hinman Law Group is experienced in dealing with car wrecks involving texting and distracted drivers. Call (877)462-9732 for a FREE consultation with our attorneys.