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What if the Driver Who Hit My Car Fell Asleep?

How can you prove the driver who hit my car nodded off at the wheel, and how is liability assessed in this situation? At High Stakes Injury Law, we have been handling car crash claims for decades, which means we know how to handle difficult cases. We also have a strong history of getting results, so we are prepared to seek maximum compensation on your behalf. Contact our firm immediately after a crash and schedule your free, no-risk case review. During this meeting with one of our qualified attorneys, you can learn about your legal options and get answers to your questions. We are available to answer your call anytime, night or day.

How Will an Attorney Establish Liability for My Crash?

If you are working with an attorney, he or she will work to discover how the crash happened and who was at fault. However, to establish liability in an injury claim, your attorney will need to prove negligence. To do this, your attorney will have to show that:
  • The driver who hit your car owed you a duty of care, such as to not drive while fatigued
  • That driver violated the duty he or she owed by getting behind the wheel while drowsy
  • Because that driver drove drowsy, he or she caused a crash and your injuries
  • You sustained damages, such as lost wages and medical costs, because of the drowsy driving crash

What Evidence Could Prove the Driver Who Hit My Car Fell Asleep?

If the driver who hit your car fell asleep, you may have noticed some telling behavior before the crash occurred. For instance, the driver might have been yawning, frequently dropping his or her head or swerving in and out of traffic. An attorney may also be able to help you find physical evidence that helps to prove drowsy, including:
  • Insurance tracking device data on the vehicle of the driver which may show he or she did not try to brake before impact. This type of behavior may indicate the driver had fallen asleep.
  • No skid marks at the crash site may also show the driver failed to brake due to being drowsy.
  • Cellphone records or social media may show the driver had attended several activities or traveled far and was therefore likely to be sleep deprived.

How Does Being Drowsy Affect Drivers?

Studies have shown that being fatigued or drowsy affects drivers in a way that is like alcohol impairment. According to the Centers for Disease Control and Prevention (CDC), drowsy drivers are significantly less alert at the wheel, exhibiting the following behaviors:
  • Lack of coordination
  • Swerving in and out of lanes
  • Missing road signs, or even pedestrians and other vehicles
  • Unable to react in emergency situations
  • Lacking proper judgment, such as how far away traffic is

Are Some People More Likely to Fall Asleep While Driving?

People who work in certain industries are at risk for falling asleep at the wheel. However, the fact is anyone who drives when exhausted is at risk. Those most at risk for being drowsy while driving may include:
  • Shift workers and others who work during alternate shifts or at night
  • Commercial truck drivers trying to meet the extreme demands inherent in the industry
  • People who suffer from sleep disorders, such as sleep apnea and narcolepsy (sometimes undiagnosed)
  • Individuals who regularly fail to get enough sleep or who simply have bad sleeping habits
  • Anyone taking prescription or over-the-counter medications that make them drowsy

What Steps Can You Take to Avoid Falling Asleep at the Wheel?

There are many things drivers can do to help prevent falling asleep at the wheel. However, it is important to note that many of the methods you read about will not help. For instance, drinking a lot of caffeine or opening your windows and playing your music loudly does not do anything to relieve your fatigue. In fact, if you are already so tired that you need to do any of those things, you should not be driving at all.

How to Avoid Causing a Drowsy-Driving Crash

There are several things you can do on a day-to-day basis to help ensure you are well rested. For instance, getting enough sleep each night and making your bedtimes consistent. If you must drive at night, change your sleep times to be consistent with your schedule. Other tips include:
  • Not drinking alcohol or caffeine if you know you will be driving at night
  • If you constantly struggle to stay awake during normal hours, see a doctor, you could have a sleep disorder
  • If you are too tired to drive and you must get home, use a rideshare service or travel with a friend who is not fatigued or impaired
The best tip for not falling asleep at the wheel is to never drive when you are tired.

Discuss Your Car Crash Claim With Our Firm Today

If the driver who hit your car fell asleep at the wheel, you may be eligible to seek compensation for your injuries and other losses. At High Stakes Injury Law, we are ready to fully investigate your crash. Our car accident lawyers in Las Vegas are also prepared to fully manage your claim throughout the legal process. This means gathering strong evidence to support your claim, communicating with the insurance company, negotiating your settlement and protecting your interests. We encourage you not to delay seeking legal help. The sooner you start working with an attorney, the less likely you are to make mistakes that could hurt your claim.

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I Was Injured In An Accident. What Do I Do Now?

By Scott L. Poisson

  • Do I Have A Case?
  • Dealing With The Insurance Company
  • When a Lawsuit Is Filed
  • Overcoming Common Defense Themes
  • Special Considerations in Specific Types of Cases