300+ Google Reviews
Drivers need to be careful in many ways. Not only do they need to avoid overtly dangerous behaviors, such as texting and drunk driving, but they also need to be awake and aware when they get behind the wheel. It is essential drivers get enough rest to avoid being a danger to both themselves and others. Unfortunately, many choose to drive when they have not gotten a sufficient amount of sleep. If you have been injured in a drowsy driving accident, you may have a claim for financial compensation. Reach out to the experienced Rock Hill car accident attorneys at Schiller & Hamilton to learn about your options.
Statistics Involving Drowsy Driving
Research has found that drivers impaired due to drowsy driving resulted in the deaths of an estimated 29,834 people during a five-year span.
Drowsy driving is far more prevalent than you may think. One study from the Centers for Disease Control found that one out of every 25 motorists admitted to falling asleep behind the wheel in the previous thirty days. This figure represents people who confided to a surveyor that they engaged in this behavior—the true number may be far higher.
The Dangers of Drowsy Driving
Drivers must get enough rest before they are behind the wheel. Your life depends on it. Rest can mean sleep or taking the time to recharge before a drive when the motorist is physically tired.
You may not think that drowsy driving is a severe problem. However, research shows that drowsy driving can be every bit as dangerous as drunk driving. Studies show that if a motorist has not slept in twenty hours, it would have the same effect as if they get behind the wheel with a .08 blood alcohol content (which is the legal limit for drunk driving in every state).
Drowsy driving can have the following effects on motorists:
- Poor judgment: A lack of sleep can mean that the driver might make riskier decisions.
- Dulled reflexes: Improper rest can slow down a motorist’s reflexes and leave them less able to respond to challenges on the road
- More likely to fall asleep: Even nodding off for a brief second can lead to a serious accident. A car can travel a substantial distance in just a few seconds.
- Misjudging distances: Drowsy drivers may inaccurately gauge the distance between them and the cars in front of them, leading to an accident.
Proving Drowsy Driving in Car Accident Claims
It may be a challenge to prove that the other driver was drowsy at the time of the accident. After all, there is no test like a breathalyzer that can show how much sleep the driver may have gotten. However, you may be able to prove drowsy driving in how the motorist operated their vehicle before the accident. For example, if they were swerving or driving erratically, it could be evidence that something was wrong at the time of the accident.
Your attorney could also use other forms of evidence to show that the driver did not get enough rest. For example, they could use employment records to show the driver worked an extra long shift before the accident. A lawyer may also be able to rely on the following types of evidence to prove drowsy driving:
- The police report: The officer may have noted that the driver seemed tired or incoherent.
- A lack of skid marks: Drowsy drivers may not react and, therefore, attempt to avoid an accident, which would leave no skid marks.
- Witness testimony: Other drivers may have seen how the motorist was driving before the accident
You may not always have to prove the driver was drowsy. The consequences of drowsy driving alone, such as swerves and erratic driving, may be enough to demonstrate negligence in a car accident case. Nonetheless, you may want to prove drowsy driving, both to help you in cases where liability may be a close call and to improve your leverage with the insurance company in settlement negotiations.
Compensation for a Drowsy Driving Accident
If you can prove the other driver was negligent (and not necessarily that they were fatigued), you may be entitled to a substantial amount of financial compensation. Your compensation would reflect the scope and extent of your car accident injuries.
Your drowsy driving accident compensation could include:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Embarrassment and humiliation
- Emotional distress
If a loved one died in a drowsy driving crash, your family can file a wrongful death lawsuit to recover your losses due to the sudden and tragic loss of a loved one.
Even if liability for the crash is extraordinarily apparent, you may still need to fight for every dollar in financial compensation. Insurance companies are known for not giving an inch when it comes to the amount of the settlement they offer. An experienced drowsy driving accident attorney can fight for you to receive every dollar you deserve in a settlement or award.
Contact Our Rock Hill Car Accident Lawyers
If you have been injured in a car accident, it is essential to get legal representation immediately.
The experienced Rock Hill car accident lawyers at Schiller & Hamilton can fight for you to receive the compensation you deserve when someone else is to blame for your car accident.
You can speak with an attorney today by calling us at 803-902-4583 or by sending us a message through our website to schedule a free initial consultation. We never charge you anything upfront, and there is no fee unless you win.