Proving Fatigued Driving Caused Your Auto Accident
Proving Fatigued Driving Caused Your Auto Accident

Fatigued driving is a serious problem in the U.S., contributing to more than 100,000 reported car accidents a year, according to the National Highway Traffic Safety Administration (NHTSA).  The actual number is likely higher though, as many such accidents go unreported.

Proving a fatigued driver was responsible for your injuries in an accident can be difficult. While some negligent actions by drivers are cut-and-dry, such as speeding or driving under the influence, fatigued driving is a bit harder to prove unless the driver admits to it.

Gathering Evidence of Fatigued Driving

Start by calling the police. The officers will assess the scene and speak with everyone involved with the crash and any witnesses that may have seen the crash. It is possible the driver will admit to dozing off while driving, or that a witness who saw the driver nodding off before the crash will tell the police. Officers can also assess whether the crash pattern appears to be the result of fatigued or distracted driving. For instance, if the driver swerved into your lane and hit the side of your vehicle, that pattern appears to be the result of either falling asleep or being otherwise distracted.

Take photos of the scene and the vehicles before officers clear the scene. Skid marks on the road and the position of the vehicles might be helpful evidence later. Once the scene is cleared, that evidence is gone, so take photos as soon as you can.

You will then need to file an insurance claim. If there is no dispute that the fatigued driver was at fault, this should be fairly simple. Things can get tricky if the driver is not admitting fault for the crash, and if their insurance company does not think their client is at fault. Contact a personal injury attorney to learn what options you might have for pursuing the claim.

“Proving a driver fell asleep at the wheel can be difficult, but with the right resources it is certainly possible,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured in an auto accident and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, El Centro, and Yucca Valley, and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.

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