Hit By a Drowsy Driver: What Questions Should You Ask an Attorney?

Drowsy driving has become extremely prevalent on our roadways. The AAA estimates that 328,000 accidents each year involve drowsy drivers, causing more than 109,000 injuries annually.

Drowsy driving is particularly dangerous because it’s hard to tell when someone is too tired to drive. It can’t be measured by a breathalyzer test, and not all drowsy drivers actually fall asleep behind the wheel. Negligence can be difficult to prove in drowsy driving accidents. It’s essential to have a good personal injury attorney if you’ve been injured in one–especially if the driver had no other signs of impairment, like a DUI. Here are some key questions to ask your attorney when it comes to proving a personal injury claim.

Is Drowsy Driving Against the Law?

One question worth asking your attorney is how state laws protect you in the event of a drowsy driving accident. In the State of Colorado, for example, there is no specific law against driving while fatigued. However, if drowsiness is a factor in the driver’s performance behind the wheel, they can be cited for reckless driving. And personal injury tort laws also make a driver responsible for their choices behind the wheel if they cause damage or injury to others.

Who Is Liable in My Accident?

Another key question for your lawyer is who can be held liable or responsible if you’ve been hurt in a drowsy driving accident. If the driver was operating their own vehicle on their own time, the driver may be held liable for their own negligence in getting behind the wheel. However, if the driver was working for another company (e.g., driving for Uber or driving a truck for a trucking company), the company may share some responsibility. A good personal injury attorney will dive into the details of the accident to determine who best to hold responsible for your injuries.

How Do We Prove Negligence in a Drowsy Driving Case?

Proving drowsy driving as a factor of negligence can be challenging. Factors may include:

whether the driver appeared visibly tired
whether the driver admitted fatigue or falling asleep at the wheel
if the driver was working for a company
whether the company was putting undue pressure on deadlines or had them working for too many hours
and many other variables

A good attorney should be able to piece this evidence together to create a compelling argument for your personal injury claim.

Have you been hit and injured by a drowsy driver? Hire a skilled attorney may be the key to receiving the compensation you deserve. Contact us today to schedule a free consultation after intake and initial case review.