Many of us have had to drive through the night or after a long day of work. But what some people don’t know is that drowsy driving is one of the most dangerous actions a driver can do.
When drivers are tired, their decision-making abilities falter and they often fail to keep their eyes open. And when someone falls asleep at the wheel, they put you and countless other drivers in danger of car accidents.
When someone drives while drowsy, they are negligent, which plays a big factor in personal injury claims. However, to recover compensation, you must recognize how to prove drowsy driving, so you can successfully get through the complex legal process.
At the Stewart Law Firm here in Austin, we work with people throughout Texas who have been victims of drowsy driving accidents. Here’s what you need to know about proving a drowsy driving personal injury case in Texas.
Drowsy Driving in Texas
The percentage of fatal drowsy driving crashes across the U.S. have gone done in the last few years, due in part to the pandemic. However, there are still plenty of incidents and accidents that occur in Texas and across the country.
In fact, according to a study by ValuePenguin in 2020, Texas was the third-worst state for serious drowsy driving accidents, with 4.6% of the nation’s fatal drowsy driving accidents coming out of the state.
It might seem that cases against drivers who decide to drive while tired would be a no-brainer, then. But proving the fact that the driver who caused your accident was driving while tired can be tricky without the help of an experienced Texas personal injury attorney.
Duty of Care
Drivers have a duty of care, which means they must operate their vehicles with others’ safety in mind. When someone obtains a driver’s license, they assume this duty of care.
To prove a personal injury claim, you must show that the driver had a duty of care to protect you.
Breach of the Duty of Care
Any negligent act is a breach of the duty of care—drowsy driving included. When a driver operates his or her vehicle while drowsy, they are negligent. They overlook the safety of others and continue to drive despite the harm they can cause.
In a personal injury claim, you must show that your accident was a result of someone else’s negligence.
In a drowsy driving situation, you must prove that the other driver was drowsy when he or she hit you and your vehicle. It’s helpful to document the other driver’s state at the scene of the crash—which is why reporting the accident to the proper authorities is imperative.
Drowsy driving lawsuits require you to show that your injuries were the result of a negligent act; in this case, the other driver driving while tired.
Many insurance companies will try to deny your claim, stating that your injury is from a pre-existing situation. Proving otherwise means obtaining medical records, so you should seek medical care quickly following any crash.
Contact The Stewart Law Firm Today
At The Stewart Law Firm, we prioritize your rights with a focus on helping you obtain the most beneficial outcome possible. Our Austin car accident lawyers stand by your side from start to finish. We’ll be your guide to pursue the justice you need.
Call us today at (512) 942-2372 for a free consultation today.