In theory, the Pokemon Go game could be a good thing. It could serve as an incentive to get Americans out and about, exercising. Unfortunately, the reality is not quite as pleasant. Car accidents, property damage, and even death have occurred because of the Pokemon hunting game. Considering the risks associated with the game, it is critical that you understand your rights should you become a victim of the latest Pokemon craze.
Auto Accidents and Pokemon Go
The last thing drivers need is yet another reason to be distracted behind the wheel. Sadly, Pokemon Go has given them one. The app, which can be engaged while driving, allows drivers to hunt for and even catch Pokemon while cruising the highway and residential streets. This puts everyone at serious risk for injury and even possible death.
If you are a victim of an auto accident and suspect that the Pokemon Go app may have been responsible, you may be due compensation. Handle the claim, just as you would with any other crash. Collect information from the other driver, including their name, phone number, address, license plate number, driver’s license number, and insurance policy information. Immediately report the crash to the police. If there were any witnesses to the crash, collect their personal information as well. Do your best to remember to take pictures of the vehicles that were involved in the crash.
Most importantly, you should also seek medical attention if you have any concerns that you were injured in the crash. Often, you may not notice pain and injuries right away, but you should talk to a doctor to ensure your health is okay. Retain receipts for mileage, prescriptions, co-payments, and other expenses. This will ensure that all relevant factors are considered in your personal injury case. Keep in mind that you should never sign any paperwork given to you by the insurance company until you have spoken with your attorney.
Property Damage and Pokemon Go
Although property damage claims are less likely with Pokemon Go games, there has been a string of complaints across the country. Police officers have been working overtime to handle the calls about strangers on their property, and some have even experienced damage to their property. However, the risk that the Pokemon Go game carries extends beyond property owners. Players, which are distracted by the game, are at a high risk of injury.
As a general rule, trespassers are not owed compensation if they are injured. However, there are exceptions to this rule. For example, if you were on land that is exceptionally dangerous that did not have a posted warning and were injured as a result, you could seek damages from the property owner. Keep in mind that these are extraordinary cases and highly complex.
The facts of each injury case are unique and can be determinative as to whether there is a viable claim for recovering damages incurred because of an injury. Several factors would need to be considered if you become injured while playing Pokemon Go; is there a reasonable source of insurance coverage to make a claim against; will statutes like the recreational immunity statute prevent you from making a claim; and will your potential contributorily negligence exceed any potential negligence on the part of an “at-fault” individual. As such, it is highly recommended that you seek the services of an experienced personal injury attorney.
Herrling Clark Law Firm, Ltd. has been serving the Appleton, Green Bay, and Oshkosh areas since 1959. Trustworthy and dedicated to helping you achieve a positive outcome in your personal injury case, we protect your rights and your best interest, every step of the way. To learn more about how we can help with your personal injury case, schedule a free initial consultation with our Green Bay personal injury attorneys. Call us at 920-739-7366 today.