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A Drowsy Driver Injured You — What Happens Next?

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It's no secret that drunk driving poses a major hazard to motorists and pedestrians. With over 10,000 drunk driving fatalities yearly, this dangerous behavior is a major contributor to US roadway deaths. However, fatigue and drowsiness are far less well-known issues. Unfortunately, drowsiness may contribute to as many as 100,000 motor vehicle crashes annually.

While many drowsy drivers may only cause single-vehicle accidents, fatigued driving can contribute to multi-car crashes and severely injure other motorists or pedestrians. If you believe a drowsy driver caused or contributed to your accident injuries, here are three tips to help you build the strongest case and receive fair compensation. 

1. Seek Medical Attention

A critical part of any auto injury case, regardless of the underlying cause, is establishing actual damage. Damages can include direct injuries, lost income, pain and suffering, or long-term disabilities. However, it's often harder to prove damages if you only seek medical attention long after your accident. Pursuing medical care as soon as possible is typically the best way to establish a solid case.

It's extremely common for pain from injuries to only appear in the hours or days following an accident. In other words, you may have injuries even if you feel okay at the scene of an accident. Even if you declined aid at the scene, seeking care as quickly as possible is critical. The sooner a doctor can examine you, the better your chances of receiving compensation for your injuries.

2. Be Clear About Accident Details

Accidents involving drowsy driving often share common characteristics, such as the other driver slowly veering across a center line or failing to take quick evasive action. Seeking damages for your injuries will involve proving liability, so it's important to take your time and clearly explain the details of your accident to the police, the insurance company, and your lawyer.

It's also important to detail your actions to avoid an accident. Did you attempt to swerve out of the way? Did you use your horn to attempt to get the other driver's attention? These actions can help investigators determine if the other driver was behaving in a way that might indicate excessive drowsiness or otherwise failed to react appropriately.

3. Speak With a Lawyer Immediately

Unlike drunk driving accidents, it's typically much harder to prove that another driver was so tired that it impacted their ability to operate a vehicle safely. Unless the details are extremely clear-cut, the police and insurance companies will likely conduct their own investigations to assign fault for an accident. If you intend to sue for damages, you'll need your lawyer to conduct a similar investigation.

The sooner you consult with a lawyer, the sooner they can begin working on your case and gathering evidence to prove that the other driver was at fault. Your lawyer may also be able to uncover other crucial details, such as if the other driver was currently on-the-job, potentially creating liability for their employer.

Contact an auto injury lawyer to find out more. 


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