North County San Diego Injury Lawyers
Motor vehicle accidents in Oceanside can be devastating under any circumstances, whether they result from another driver’s negligence or because of a hazardous condition on the roadway. When another party is responsible for a traffic collision that causes injuries, it is critical to work with a lawyer to find out about seeking compensation and to gather evidence to prove fault in the crash. Depending upon the cause of the collision, fault is easier to prove in some cases than in others. For example, in a car accident caused by a drunk driver, the police might have administered a breathalyzer test and arrested the drunk driver, and any accompanying police reports and records can make up the majority of a civil lawsuit against the drunk driver.
However, fault can be more difficult to prove in other kinds of traffic collision cases. In particular, drowsy driving might seem as though it would be difficult to prove. What do you need to know about proving fault in a drowsy driving case?
Understanding Drowsy Driving in Southern California
In cases involving drowsy driving, you may be wondering what you can do to prove that the motorist who caused the collision was too fatigued to be driving safely. Given that drowsy driving causes at least 50,000 injuries in crashes each year and nearly 1,000 deaths, as the U.S. Centers for Disease Control and Prevention (CDC) points out, it is important to know that there are options for proving that a motorist was drowsy and caused the accident. In fact, many researchers estimate that drowsy driving crashes are underreported or unidentified and that fatigued driving might result in up to 6,000 deaths in auto accidents each year.
Although you may not be able to obtain definitive evidence of drowsy driving, like a breathalyzer test for a DUI case or phone records of texting in a distracted driving case, you do have options to prove that a motorist was too fatigued to drive.
Ways of Proving Drowsy Driving
Whether you are filing a drowsy driving claim against a motorist of a passenger vehicle or a long-haul truck driver, you may be able to rely on the following as evidence in your case:
- Drivers on the road who witnessed the fatigued driver blinking frequently, driving over rumble strips, or yawning;
- Witnesses at nearby rest stops or gas stations who saw the drowsy driver yawning or showing signs of fatigue;
- Traffic cameras that may depict the driver asleep behind the wheel, or driving in an erratic manner that suggests drowsy driving;
- Evidence that the fatigued driver has been on the road for an extended period of time; and
- Statements front he fatigued driver to others about being tired.
As the NHTSA emphasizes, even evidence of long commute times may show that a motorist was too tired to drive safely.
Contact a Drowsy Driving Attorney in San Clemente
If you were injured in a collision and you believe a drowsy driver was at fault, you could be eligible to file a claim against that driver. In some cases, other parties might also share liability with the drowsy driver, such as the driver’s employer. An experienced San Clemente car accident lawyer can discuss your case with you today. Contact the Walton Law Firm for more information.
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