A drowsy driver presents a serious danger to everyone else on the road. If you've been injured as a result of an accident caused by a drowsy driver, you have the right to receive compensation for your medical bills, property damage, lost wages, and other financial losses. Here's how to approach your case.
Why Does a Driver Being Drowsy Matter?
In any personal injury claim, you need to prove negligence on the part of the person who caused your injuries. Negligence means that they owed you some sort of duty of care but didn't follow through on it leading to you getting hurt. In an auto accident case, every driver has a duty to remain alert and attentive to their surroundings. When someone is drowsy, they are no longer alert and attentive. When that leads to an accident, they are responsible for the outcome.
What Counts as a Drowsy Driver?
There is no legal definition of a drowsy driver. It is simply someone who fell asleep, was falling asleep, or was so tired that they couldn't pay full attention to what they were doing. This could include a driver who was trying to stay awake by using the radio or caffeine. It can also include a driver who started driving early in the morning without getting enough sleep the night before. Finally, it doesn't matter whether the driver recognized if they were drowsy or not.
How Do You Prove a Driver Was Drowsy?
In order to win your case, you may need to prove that the driver was drowsy. This may or may not be difficult depending on the evidence available. In one situation, you might have multiple witnesses saying the driver was drifting on the road before the crash and who saw them not being fully alert after the accident. In another situation, the crash might fully wake the other driver up, and you may not immediately know they were drowsy.
Evidence you can use includes how long they were driving, statements by the other driver after the accident, and the logical fact that the accident shouldn't have otherwise occurred. For commercial drivers, they are required to keep detailed logs showing exactly how long they were on the road and when they took their mandatory rest periods. Your personal injury lawyer can help you gather all of the needed information.
To learn more about how to prove and recover for a drowsy driver crash, contact a local personal injury lawyer today. A personal injury lawyer can gather the evidence needed to create your case.