If you have been involved in a catastrophic accident, late at night, with the other driver suddenly drifting into your lane, the accident might have been the result of the driver falling asleep behind the wheel. This is, unfortunately, a common problem as drivers try to push themselves beyond their limits, with about 27% of drivers having admitted to it.
The Signs of Fatigued Driving
When a driver is fatigued, they may have a slower reaction time and may seem to be making decisions that are irrational. You may notice the car drifting into other lanes. The driver might not be maintaining a consistent speed. You may try to maintain distance from the driver, but this is sometimes impossible to avoid. However, if any other witnesses notice this behavior, you'll want to maintain contact with them so you can later use them as witnesses.
The Number of Hours on the Road
If you are having a difficult time proving that the driver was exhausted, your legal team might try to assemble evidence that the driver was on the road for an extended period of time. This is easier in the case of truck accidents where you will also be able to show that the driver violated regulations that restrict how long a truck driver is allowed to be on the road.
Calling the Police
If the police discover that the other driver is fatigued, they might charge the driver with a crime. Driving while exhausted can be considered a DUI. In addition to having the driver brought to justice, the fact that the driver was charged with a crime can be used as evidence of negligence. Drivers who are exhausted should head to the nearest hotel to take a nap.
To be able to seek compensation for your injuries and the damage done to your vehicle, you must show that the driver violated the legal duty of care. However, you will need to know the type of evidence that courts would look for and accept regardless of whether you intend to file a lawsuit or settle the case out of court.
If you are able to prove that the other party is negligent through a preponderance of the evidence, the insurance provider of the other driver is less likely to play hardball and is more likely to negotiate a settlement. However, the best way to negotiate with an insurance adjuster is through an auto accident attorney.Share