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A Sleepy Driver Responsible for a Rear-End Collision? What To Know

Oct 02, 2023

Everyday individuals embark on their journeys behind the wheel, facing a myriad of distractions and drowsy drivers. Unfortunately, these factors sometimes lead to accidents, including rear-end collisions. One common cause of such accidents is a driver falling asleep behind the wheel. If you are in this type of situation, understand what to know about a sleepy driver’s liability and your legal options.


What the Consequences of Falling Asleep While Driving Are


Falling asleep while driving can have severe consequences, not only for the drowsy driver, but also for those sharing the road. Fatigue impairs a driver's reaction time, decision-making abilities, and overall alertness. When a drowsy driver rear-ends another vehicle or drifts over the center line of the roadway, the impact can result in significant property damage, injuries, or even fatalities. Hiring a lawyer is important after such an incident occurs.


How a Drowsy Driver Can Be Held Liable


A driver who causes an accident due to excessive drowsiness or sleepiness may be held liable for your injuries. No matter the cause of the accident, you will need to prove liability. To build a strong case, your attorney will gather evidence such as eyewitness accounts, police reports, and any available surveillance footage. This will all help in proving your cases against the driver.


What Your Options as the Victim Are


Once a lawyer has performed an investigation and gathered all the important evidence, you can explore your legal options.


Filing an Insurance Claim


In most cases, the first step is to file a claim with the at-fault driver's insurance company. A lawyer can provide all of the necessary evidence and documentation to support your claim. Insurance companies will often conduct their own investigations to determine liability and assess the extent of damages.


Negotiating a Settlement


Insurance companies may offer a settlement to resolve an accident claim. You should leave the negotiations to your attorney to ensure you receive fair compensation that covers all of your damages.


Pursuing a Lawsuit


If negotiations with the insurance company do not yield a satisfactory result, you may choose to file a personal injury lawsuit against the drowsy driver. Let a lawyer guide you through the legal process of filing a lawsuit. The lawsuit can possibly be resolved without going to court.


Going to Court


If a settlement cannot be reached through settlement negotiations, your case may proceed to a trial. During the trial, both parties will present their evidence, and a judge or jury will determine the outcome. It is essential to be prepared for the possibility of a trial, which is why you should have guidance from a lawyer.


Being involved in a collision due to a drowsy driver can be a traumatic experience, especially when severe injuries or death are involved. Consulting with an experienced lawyer can help you navigate the legal process and increase your chances of a successful outcome. Contact us today to get help with your auto accident. We look forward to meeting with you.

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Million Dollar Advocated Forum
New Jersey Supreme Court Certified Attorney
National Board Of Trial Advocacy
AV Preeminent
Rated By Super Lawyers
Recognized By Best Lawyers
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