What is negligence? It’s easy to confuse negligence with deliberate recklessness. Not every auto accident on the road stems from someone’s deliberate speeding or bad lane-changing, though. Sometimes, a driver can get behind the wheel of their car while tired and cause a devastating accident.
Driving and causing an accident due to lack of sleep is called drowsy driving. Drowsy driving has legal ramifications for those parties who willfully endanger the people around them. You, as a drowsy driving accident survivor, can subsequently recover damages from a few different sources as you fight to recover.
What Is Drowsy Driving?
You don’t hear the term “drowsy driving” as often as you hear “drunk driving” or “distracted driving.” Drowsy driving is just as dangerous as these other forms of negligence, though. The term “drowsy driving” describes an instance where someone gets behind the wheel of a car or other vehicle while operating on too little sleep.
People who get behind the wheel of a car while exhausted do not have the situational awareness to react to oncoming traffic or obstacles as quickly as they should. If someone can’t react to changing traffic in a reasonable amount of time, they can cause a dangerous accident. Some drivers may even fall asleep behind the wheel of a car and drive themselves off the road.
What Are the Legal Consequences For Drowsy Driving?
Anyone who falls asleep behind the wheel of a car can face criminal consequences for their negligence. The consequences are likely to vary depending on the severity of a driver’s actions.
For example, drivers who do minimal damage to someone else’s car may face fines and a ticket but not jail time. Comparatively, a driver who drives into a pedestrian while asleep may face manslaughter charges.
You do not financially benefit from the criminal consequences that the criminal system enacts against someone for drowsy driving. However, if you want to file a personal injury claim against a drowsy driver, it’s worth it to determine whether or not the state intends to convict the driver of criminal negligence. A conviction can help you fight for damages.
Can You Hold Someone Legally Liable for Drowsy Driving?
You can hold someone legally responsible for a drowsy driving accident. We recommend that you get a drowsy driver’s insurance information before you leave the scene of a crash so long as it is safe to do so. Do not chase down a driver who tries to flee the scene of an accident. If someone does flee the scene of your crash, try to get their license plate number before calling the cops.
Once you have a liable party’s insurance information, we recommend that you schedule an initial case evaluation with an experienced car accident attorney. Car accident lawyers can help you break down your right to drowsy driving compensation and can walk you through the process of filing an insurance claim, personal injury claim, or both.
An attorney can specifically help you stay one step ahead of an insurance company’s bad-faith behavior while you work within the civil system. Our efforts can help you keep the various recovery tools at your disposal organized while still allowing you the space you need to recover.
Your Options for Financial Recovery
If you file an insurance claim after a drowsy driving accident, you may receive a settlement offer from a relevant insurance provider. That settlement should help you cover the cost of economic losses like damage done to your car or wages lost while you’re recovering from serious injuries.
That said, most insurance companies try to undersell their settlement offers so you accept less than your accident is worth. That’s why we recommend that you consider filing a personal injury claim against the party responsible for your losses. A personal injury claim lets you recover economic and non-economic damages after a drowsy driving accident.
The losses you include in a drowsy driving accident claim can include the following:
- Emotional distress
- Pain and suffering
- Reduced quality of life
- Property damage
- Lost wages
- Medical bills
You can calculate the value of a drowsy driving accident claim when you sit down with our attorneys for a conversation about your accident.
Book a Drowsy Driving Accident Case Consultation Today
Negligent driving can take on a range of forms. Someone may think that getting behind the wheel while tired doesn’t constitute misconduct when, in reality, drowsy driving has ramifications for the sleeper and every person they encounter on the road.
Should you find yourself recovering from a drowsy driving accident, never fear. You can collaborate with the personal injury attorneys at Kash Legal to fight for loss-based compensation in civil court. You can call (888) 527-4128 or contact us online today to schedule a free case assessment.
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