When Do I File A Claim After An Accident With A Sleeping Driver?

No amount of NoDoz can prevent it from happening. Turning the music volume up to its highest level only delays it from happening. Stopping at a rest area might prevent it from happening, but there is another day of driving ahead and it can start all over again.

The “it” we are talking about is called falling asleep at the wheel of a car.

You cannot see them, but rest assured there are numerous drivers on the road that are just a few blinks of the eyes away from falling asleep. Once a driver falls asleep, the vehicle he or she is operating is on a course to cause a major accident. Yes, modern safety features can quickly turn a potentially devastating crash into a near hit, but the fact remains an accident with a sleeping driver can lead to catastrophic consequences.

For the filing of an insurance claim, an accident with a sleeping driver presents one unique legal challenge.

Proving a Driver was Asleep

There is not a blood test yet developed that can detect the presence of sleep. This means that after an accident in which you believe the other driver feel asleep behind the wheel, you will have to rely on the accounts of witnesses to the crash. Maybe another driver saw the sleeping driver doze off, with the result being the other car ramming into the side of your automobile.

You do not want to have the discussion of fault come down to your word against the word of the other driver. If it does come down to that, then your insurance claim adjuster and the claim adjuster representing the other driver will have to negotiate a financial settlement.

Will half of what you deserve be enough to cover the exorbitant costs associated with a major auto accident? The answer is no, as soaring medical costs to treat and rehabilitate an assortment of serious injuries can run into the tens of thousands of dollars. Add to the cost of medical care the severe damage inflicted on your car, and you have a mounting accident bill that you cannot afford to pay. Fortunately, there is a solution to your evidence dilemma.

Involve Law Enforcement

The best solution for getting to the bottom of a car accident with a sleeping driver is to involve the nearest law enforcement agency. A trained police officer can determine what happened by looking at the skid marks left behind by the car crash. The length and the direction of the other vehicle’s tire tracks can lead to the conclusion that the other driver lost control of the automobile. Once loss of vehicle control is established, then the responding officer can narrow the cause of the crash to just a few reasons, including the driver dozing off behind the wheel of his or her car.

Consult with a Licensed Personal Injury Lawyer

Your insurance company might not provide enough support in the case of an accident with a sleeping driver. This means you need a highly rated personal injury attorney in your legal corner to ensure you present the most convincing case. Your lawyer will conduct an exhaustive investigation that can lead to the conclusion that by falling asleep, the other driver caused the auto accident.

Schedule a free initial consultation with a highly rated personal injury lawyer to learn more about the claim filing process.

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