Did you know that 328,000 drowsy driving accidents happen every year? From those crashes, 6,400 sleepy drivers and victims lose their lives annually. According to studies, police reports indicate fatigue-related crashes occur from midnight to 2 a.m., 4 to 6 a.m., and 2 to 4 p.m. In Culver City, 11 fatalities and injuries were recorded from crashes that occurred at night in 2020.
If a sleepy driver has hit you in Culver City, these four steps will help you prove that your accident is due to the other party’s drowsy driving.
What is Drowsy Driving?
Drowsy driving (or fatigue driving) occurs when a driver experiences drowsiness due to sleep deprivation. Sleepiness while driving may affect a driver’s response time to possible risks, increasing the likelihood of a collision.
According to studies, driving for more than 20 hours without sleep is similar to traveling with a blood-alcohol concentration of 0.08%, the legal limit in the United States. Furthermore, sleepy drivers are three times more likely to be involved in an automobile accident than other road users.
How Dangerous Is Drowsy Driving to Road Users?
According to the AAA Foundation for Traffic Safety, 328,000 drowsy driving crashes occur annually. Based on the same study, 109,000 fatigue-related driving collisions resulted in an injury, with around 6,400 being fatal. The prevalence of drowsy driving fatalities is more than 350% higher than previously recorded.
Microsleeps occur when an individual dozes off for a few seconds. When this happens while driving, the car is at risk of running off the road or colliding with another vehicle. Additionally, when drowsy driving occurs at high speeds, the chances of injuries or damage increase.
Who Are the Most Common Sleepy Drivers?
While all are prone to drowsy driving when traveling without sufficient sleep, the most common sleep drivers are the following:
- People who work long hours with irregular sleep patterns, such as truck and bus drivers.
- Individuals with severe sleep problems, such as insomnia or other sleep disorders.
- Teenagers with little driving experience and a high rate of sleep deprivation.
Can I File a Claim for an Accident Caused by Fatigued Driving?
You may file a claim for an accident due to drowsy driving if you can prove that a sleepy driver causes the crash. Essentially, proving another driver’s negligence entails establishing the following elements:
- The driver had the responsibility of ensuring the safety of other road users.
- They disregarded this duty.
- The breach caused the accident.
- The crash resulted in injuries or other damages.
When receiving compensation for the damages of the collision, you must also know which entity is responsible for the drowsy driving crash. In most cases, the truck driver’s company may be liable for the damages if they imposed an irregular or extreme work schedule, causing the driver to experience drowsy driving.
A personal injury lawyer can help determine and prove liability by examining the facts of the accident and collecting the necessary evidence to support your claim.
How Do I Prove that the Accident Was Caused by a Sleepy Driver?
Step 1: Document Evidence at the Accident Scene
Similar to any other personal injury case, a claim may only be pursued if you have evidence that the driver’s negligence caused the car crash. One of the best ways to do this is by gathering evidence at the accident scene. If the collision only results in property damage, you must document every proof you may use against the other driver. This includes the following:
Zigzag tire marks
Tire marks can indicate what the driver tried to do before the collision. For one, a sleepy driver may try to hit their brakes when they know they are about to hit another vehicle. This may result in skid braking.
On the other hand, a zigzag tire mark (also known as a fishtail) may appear if the driver tries to accelerate and change lanes, which caused the accident.
To document wavy tire marks, make sure to:
- Take photos of the accident scene, including the marks and debris, if there are any.
- Capture the location from a wider angle.
- Document the vehicle damages, including the damages to the other driver’s property.
While there are several types of skids and tire marks that only a professional investigator can analyze and make sense of, the photos of the accident scene may help them investigate your case and prove that the sleepy driver caused the accident.
Witness testimony
Witnesses’ statements are vital to your case. If there are any bystanders or witnesses in the area where the crash happened, you may use their testimony to justify that the crash was due to drowsy driving.
Usually, there are driving fatigue symptoms that can be identified through the following:
- Inattentiveness,
- Inability to focus (zoning out) and keep their eyes open,
- Repeated yawning,
- head bobbing,
- Irritable or impatient,
- Appears restless,
- Burning eyes, back tension, and shallow breathing, and
- Unusual driving behaviors, including overspeeding, tailgating, or disregarding signs and signals.
You may take note of these driving fatigue symptoms if any witnesses can recognize them. Aside from that, you must also secure their contact information in case your accident attorney needs to record their statements.
Dash cam or surveillance footage
In most cases, dashcams can be used as evidence if the camera has captured the necessary information to show liability. Dash cams can capture specific details that can help build your case, such as:
- The violation committed by any party involved in the accident,
- How severe the impact of the collision is, and
- Drivers’ personal information, such as license plate number and vehicle description.
Aside from the dash camera, your injury attorney can also examine the area and search for nearby surveillance footage that has captured what happened at the crash.
Step 2: Report the Accident to Police Officers
In California, a person involved in a car accident resulting in property damage or injuries should report the crash within ten days of the collision. In most cases, the police officer’s accident report will help determine if the driver is guilty of drowsy driving.
A police report will show the following details:
- Contact information of parties involved, such as names, addresses, and insurance providers.
- Description of the vehicles,
- Testimony of parties involved,
- Witnesses’ statements and contact details,
- Time, date, and location of the accident,
- Weather and road conditions of the accident scene,
- Drawing of the accident,
- Violation by the driver at fault,
- The police officer’s opinion or conclusion of what happened and how it happened.
You may request a copy of the police report by:
- Completing the report request form,
- Providing a copy of your identification card, and
- Paying a $25 fee at the time of the request.
You may also email the request to:
UCLA Police Department
Records Unit
601 Westwood Plaza
Los Angeles, CA 90095
In most cases, the sleepy driver’s insurance company asks for a copy of the police report to verify the injuries and damages from the accident. Sometimes, they can try to reduce your compensation if there are loopholes in the accident report. This is why it is best to hire an injury lawyer to communicate with the insurance provider.
Step 3: Collect Other Evidence
Aside from the evidence you documented from the accident scene, you must collect the necessary documents that can help build your case, such as:
-
- Doctor’s diagnosis of your injuries,
- Medical prescriptions and hospital bills,
- Treatments and rehabilitation,
- Other medical bills and records,
- Vehicle replacement or repair costs
- Lost wages,
- Future loss of income, and others.
Aside from proving liability, these records can also be used to calculate the total settlement value of your case. You may also add other types of damages to maximize your payout, including:
- Punitive damages,
- Pain and suffering,
- Emotional distress,
- Loss of enjoyment of life,
- Loss of companionship, and
- Other non-economic damages.
While these damages may seem challenging to compute and intimidating to include in your compensation amount, a legal expert can quantify them and add them to your total payout.
Step 4: Hire a Legal Expert
Proving that your accident was due to the other party’s drowsy driving may not be as easy as it seems. You will need evidence to support your case and courage to defend your claim against the sleepy driver’s insurance company.
Sometimes, most victims think hiring a lawyer will consume their resources and may lessen the settlement amount they will receive from the case. However, this is not the case.
While they may charge you a certain percentage of your total compensation, they have the knowledge and experience to investigate your accident and search for all possible areas to cover when computing your restitution.
When hiring a personal injury lawyer, you can receive these benefits:
- Obtain the necessary premium medical support as recommended by legal experts,
- Have the logistical support you need for vehicle damage repair and other physical needs.
- Maximize all types of damages and negotiate for a fair settlement.
- Have a legal team on your side, especially if the case leads to trial.
- Save time and money by avoiding trial and error in your case investigation.
Challenges of Proving Drowsy Driving
You may face challenges when claiming your compensation. In most cases, the sleepy driver’s insurance company will do its best to decline your claim or reduce the settlement amount.
They can do this if you have several loopholes in your claim, such as:
Lack of evidence
If you have incurred severe injuries from the crash, gathering evidence at the accident scene is likely physically impossible. Aside from that, it may be difficult to find witnesses, especially since most car accidents caused by drowsy driving happen at night.
You are partially at fault.
If you are partially responsible for the collision, you may still pursue a claim against the at-fault driver. However, your settlement amount is likely to be reduced depending on how much you are liable for the accident.
Since California follows pure comparative negligence, the sleepy driver also has the right to build a claim against you regardless of whether they are primarily at fault. This is why it is essential to seek assistance from a legal expert right after the accident to avoid this hurdle.
You are out of time.
You may file a claim against the sleepy driver two years after the accident. Your case may be dismissed if you fail to handle it within the given time frame.
You have treatment gaps.
If you neglect your scheduled treatments or hospital visits, the insurance provider may argue that your injuries aren’t as severe as you say. This may reduce your compensation amount.
To avoid losing your case and experiencing these complexities, an injury lawyer will ensure you have the assistance and support you need to win your case.
If you are searching for a competent lawyer, Jacoby & Meyers has passionate attorneys with decades of experience fighting for car accident victims in California. Contact us at 800-500-0000 for a free consultation. We will hear your side and provide you with legal options that suit your needs!
Jacoby and Meyers. Because You Deserve Justice.
Call or text 888-522-6291 or complete a Free Case Evaluation form
