Injury Claims Arising from When a Motorist Falls Asleep While Driving

Unfortunately, motorists accidentally falling asleep at the wheel is a growing problem. Motorists can fall asleep while driving due to medication or alcohol use, often resulting in a serious accident. A large number of motorists fall asleep while driving due to stress, lack of sleep, being overworked or attempting long trips with little or no sleep. Nationwide, each year there are more than 83,000 accidents reported as a result of the driver falling asleep at the wheel[1]. This doesn’t include the presumably large number of cases where drivers did not report the incident. 

What Happens When a Driver Falls Asleep at the Wheel?

When a motorist falls asleep while driving, it can complicate the filing of a car accident injury claim arising from the accident. The main thing that has to be taken into account is whether or not the motorist is liable for the auto injury caused by the accident. Subsequently, it has to be proven that the person accused of falling asleep at the wheel is responsible for causing the accident. It is sometimes beneficial to hire a car lawyer or car accident specialist, someone who can handle the claim on the motorist’s behalf. If the driver admits that they fell asleep, it makes it easier for insurance companies to process claims. Otherwise, it is very difficult to prove whether a motorist fell asleep while driving.

Getting Prepared to File a Claim Involving a Motorist Falling Asleep at the Wheel

Evidence has to be gathered or accumulated prior to the car accident injury claim being filed by the vehicle accident lawyer. Certain evidence such as the police report, accident scene investigations, videos and photographs and eyewitnesses are crucial in proving liability and responsibility. The more evidence that can be submitted, the stronger the case in auto injury claims.

Car lawyers can help file claims with either the insurance company representing either the motorist who fell asleep or the company representing the injured party. Claims can be handled either with the assistance of a lawyer or independent of the insurance company. If necessary, the case can be handled as a civil case where the driver that’s accused of falling asleep behind the wheel can be questioned under oath, thereby providing solid evidence for successfully processing a case.

Successfully Filing a Lawsuit for Damages

If a lawsuit is filed because of a motorist falling asleep while driving causing an accident, seeking out the expertise of a lawyer is usually suggested and preferred. First, the lawsuit has to be filed in a court of law and papers will need to be served to the defendant for a court appearance or trial. The main goal of preparation is to organize all evidence and pertinent information to present a solid case in a court of law. Once the case is presented, the judge/jury will decide who is at fault and what damages, if any, are due to the person filing the claim.

[1]www.nhtsa.gov/Driving+Safety/Drowsy+Driving

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