How Driving While Drowsy Can Affect Your Accident Case

Law Blog

Driving drunk is really dangerous and highly illegal, but many drivers do not know that it's also very dangerous to drive while drowsy. If you are having a difficult day and you choose to drive while exhausted, you may be held partially at fault for your accident depending on the actions you take.

Reasons for Drowsy Driving

One of the most obvious reasons for drowsy driving is not getting enough sleep. However, you may not expect to become drowsy, especially if you are suffering from a medical condition. You may take a medication that causes drowsy symptoms. You may also be driving for too long.

When the Other Driver Is At Fault

In some cases, whether you or the other driver is at fault might be disputed. The other driver might have made errors, but there might be evidence that you were under the influence of a medication that causes drowsiness. There may also be phone records that can indicate that you were on the road for an excessive period of time. 

You might criticize the other driver's performance, but the driver might argue that you were swerving or that you were braking erratically. You may also appear to have a slow reaction time and the other driver might think you're drunk. With these claims, it may be your word against the other driver's. However, there are ways to ensure that you're not unfairly blamed for the accident simply because you were drowsy.

Memories of Your Accident

If you were drowsy while driving, you might have a difficult time remembering the details of the accident. However, you should write these details down as soon as possible. If there is a dispute between what you think happened and what the other drive claimed happed, you will need to find witnesses who can support your version of the events.

Just as important as witnesses at the scene of the accident are expert witnesses who your car accident attorney will work with. Many car accident attorneys work for law firms that also employ accident deconstructionist who can look at the vehicle damage and determine exactly how the accident occurred. 

In most cases, a minor amount of drowsiness is not easy to prove. Therefore, you may be able to avoid having this allegation made and instead have the focus of the accident be on everything the other driver did wrong to contribute to your injuries.

If you have questions or need help, be sure to contact a local car accident attorney.


2 November 2020

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