Auto accidents caused by drowsy drivers are a serious concern, especially during the late fall and early winter months when people tend to be more fatigued due to busy schedules, shorter daylight hours, and holiday activities. In North Carolina, drowsy driving contributes to a significant number of crashes each year, leading to severe injuries and fatalities. If you've been involved in an accident caused by a drowsy driver, understanding your legal rights and taking the appropriate steps can make all the difference in ensuring you receive the compensation you deserve.
The Dangers of Drowsy Driving
Drowsy driving occurs when a driver operates a vehicle while too tired to remain alert and focused. This form of impaired driving is just as dangerous as driving under the influence of alcohol or drugs. Fatigue slows reaction times, impairs decision-making, and increases the likelihood of falling asleep behind the wheel.
According to the National Highway Traffic Safety Administration (NHTSA), thousands of car crashes occur each year due to drowsy driving, many of which result in serious injuries or fatalities. In the fall and winter months, the risk is amplified due to shorter days, holiday travel, and changes in sleeping patterns. For victims of such accidents, the consequences can be life-altering, both physically and financially.
Steps to Take After an Accident Involving a Drowsy Driver
If you're involved in a car accident caused by a drowsy driver, it’s crucial to act quickly and follow these steps to protect your legal rights:
1. Ensure Safety and Seek Medical Attention
The first step after any car accident is to make sure you and the others involved are safe. If at all possible, move your vehicle to a secure location away from traffic. Check for injuries, and if anyone is hurt, call 911 immediately to request medical assistance. It's crucial to get medical help right away, even if you think your injuries are minor. Some injuries, like internal injuries and whiplash, may not show immediate symptoms but can worsen over time.
2. Contact the Authorities
It’s essential to report the accident to law enforcement, especially if the accident involves serious injuries or significant damage to the vehicles. The police will document the accident, gather witness statements, and create an official accident report. This report will be crucial for your personal injury claim, as it provides an objective account of the accident and may include information about the other driver’s condition, such as signs of drowsiness or fatigue.
3. Gather Evidence at the Scene
At the scene of the accident, collect as much evidence as you can, if you are physically able. Take photographs of the damage to all involved vehicles, road conditions, traffic signs, and any visible injuries. Additionally, try to capture details that may suggest the other driver was drowsy, such as tire marks indicating erratic driving or signs that the driver may have fallen asleep at the wheel. If there are any witnesses, ask for their contact information, as their statements may be invaluable to your claim.
4. Document the Other Driver's Condition
If you suspect that the other driver was drowsy, take note of their behavior at the scene. Did they admit to feeling tired or falling asleep? Did they have trouble staying alert during your conversation? These details can help strengthen your case, as proving drowsy driving can sometimes be challenging. Drowsy driving often lacks the clear physical signs of impairment seen with intoxicated drivers, so documenting the other driver's condition can make a significant difference in your personal injury claim.
5. Notify Your Insurance Company
Report the accident to your insurance company as soon as possible. Provide them with the details of the accident, including the police report and any evidence you gathered at the scene. However, be cautious about giving recorded statements or accepting quick settlement offers from the other driver’s insurance company. Insurance adjusters may try to minimize their payout, and accepting a settlement before fully understanding the extent of your injuries and damages could leave you undercompensated.
Proving Liability in Drowsy Driving Accidents
One of the challenges in pursuing a personal injury claim after an accident caused by a drowsy driver is proving that the driver’s fatigue led to the crash. Unlike drunk driving, there are no clear tests to determine if a driver was drowsy. However, there are several ways to establish liability in such cases:
- Police Reports and Witness Testimony: The police report can be a critical piece of evidence if it contains statements or observations that suggest the other driver was fatigued. For example, if the driver admitted to falling asleep or if witnesses saw the vehicle swerving before the crash, these details can support your claim.
- Surveillance Footage: In some cases, traffic cameras or nearby businesses may have captured footage of the accident. This footage can show erratic driving behavior, such as swerving or sudden braking, which may indicate that the driver was drowsy.
- Driving Records and Logs: If the accident involved a commercial driver, such as a truck driver, their driving logs could reveal how long they had been on the road before the crash. Federal regulations limit the number of hours a commercial driver can operate a vehicle before taking a break. If the driver exceeded these limits, this could be strong evidence of fatigue.
- Medical Records: If the driver sought medical attention after the crash, their medical records might indicate signs of fatigue or sleep deprivation. These records can provide additional support to your claim that the driver was drowsy at the time of the accident.
Pursuing Compensation for Your Injuries
In North Carolina, if you’ve been injured in an accident caused by a drowsy driver, you may be entitled to compensation for your damages. These damages can include:
- Medical expenses: This covers the cost of hospital stays, surgeries, rehabilitation, medications, and any future medical treatments related to your injuries.
- Lost wages: If your injuries prevent you from working, you may be able to recover compensation for the income you lost during your recovery.
- Pain and suffering: You may be entitled to compensation for the physical pain and emotional distress caused by the accident.
- Property damage: This includes the cost of repairing or replacing your vehicle and any other personal property damaged in the accident.
Schehr Law: Your Trusted Personal Injury Advocates in Charlotte and Beyond
At Schehr Law, we understand the challenges you face after a serious auto accident, especially when it’s caused by a drowsy driver. Our experienced team of personal injury attorneys can help you navigate the legal process, gather the necessary evidence, and build a strong case to ensure you receive the compensation you deserve. We take a personalized approach to every case, offering compassionate and dedicated legal representation to help you recover both physically and financially.
Contact Schehr Law Today for a Free Consultation to Discuss Your Injury Claim
If you've been injured in a car accident caused by a drowsy driver, time is of the essence. Schehr Law is committed to helping accident victims across North Carolina, including areas like Charlotte, Raleigh, and Greensboro, secure the compensation they deserve. Our experienced personal injury attorneys will guide you through the legal process and fight to protect your rights.
Contact Schehr Law today for a free consultation, and take the first step toward recovering compensation for your medical bills, lost wages, and more. Let us be your advocate in the pursuit of justice.
Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.