It’s not hard to see why getting behind the wheel when you’re tired poses a danger to other drivers on the road. Most people don’t get in the car intending to drive when they’re sleepy, but they may not take the necessary precautions when they are at risk of it.
These situations happen all the time. Drivers on lengthy road trips are often in a hurry to get where they’re going and fail to schedule necessary breaks or let another person take the wheel for a while. Commercial truckers and others who spend a substantial portion of their day behind the wheel are at risk of drowsy driving behaviors, as well. Instead of taking the breaks they need to rest up, they often push themselves to continue on their way, as they have packages or shipments that need to be at their destination according to a specified deadline. These kinds of tired driving issues can lead to significant problems for others on the road and the driver, too.
If you or someone you love has been injured in a motor vehicle collision and you think the crash could have been caused by drowsy driving, you can take legal action. A personal injury attorney can work to prove that the driver who hit you was driving drowsy, and therefore, at fault for the accident.
Proving a Drowsy Driving Lawsuit
It’s somewhat more challenging to prove the at-fault driver was driving drowsy since the evidence isn’t as apparent and concrete as other forms of careless or negligent driving behavior. When a drunk driver hits you, the evidence is readily available to collect. Your lawyer could use the blood alcohol concentration (BAC) measurements obtained from the driver as evidence. Or, you can bring in proof that the other driver was charged with a drunk driving crime for the accident.
The evidence is not as clear in the case of drowsy driving. However, an experienced personal injury lawyer can work to get you the evidence needed to prove your case. An attorney could use specific forms of evidence to prove drowsy driving, including:
- Phone logs showing that the negligent driver was on the road for an extended length of time without breaks.
- Witnesses could testify that they saw the driver veering in and out of their lane or off the road, which could suggest drowsy driving.
- Commercial trucking logs showing how long the driver worked that day, and if they violated any of the commercial trucking laws.
These are just a few examples. Your personal injury lawyer will need to evaluate your specific case to see whether the evidence proves a drowsy driving car crash case.
Damages Can Be Awarded After a Drowsy Driving Vehicle Accident
Your motor vehicle collision has likely caused you to suffer both physical and emotional damages. You could be entitled to compensation for these if you win your case. You could be paid cash for your medical expenses, property damage, lost work wages, lost earning potential, pain and suffering, mental trauma, lost life enjoyment, and many other damages. Hiring a car accident attorney may increase the odds of a favorable resolution to your case.