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Houston Auto Accident Attorney for Victims of Drowsy Drivers

man rubbing eyes while driving due to tiredness, may cause drowsy driving accident that needs a Houston auto accident attorney to help the victim get compensation

If you were in an accident with a drowsy driver, hire a Houston auto accident attorney to help with your case.

Talk to your Houston auto accident attorney if you were injured in a car accident caused by a drowsy driver. These cases can be difficult, but an experienced lawyer can help you as you seek compensation for your injuries. In this article, we’ll discuss some things to know about drowsy driving accidents as well as how an attorney can help you with your personal injury case against a drowsy driver.

Injured in a Car Accident? Talk to Your Houston Auto Accident Attorney

If you were injured in a car accident, consider hiring a Houston auto accident attorney for your case. Often, after a car accident you will have quite a few expenses, including medical bills and vehicle repair costs. Getting compensation from the other driver or their insurance company is a process that may require legal expertise. This is one reason why many people choose to hire an attorney after a car crash. One common type of accident you may need a lawyer’s help with is a drowsy driving accident. 

Ask Your Houston Auto Accident Attorney What to Do if You Suspect the Other Driver was Drowsy

Drowsy driving is a serious problem on our roads. An estimated 72,000 accidents happen every year due to drowsy driving. Chillingly, surveys have found that 1 in 25 adults admit to falling asleep at the wheel in the last 30 days, putting others at risk. 

Drowsy drivers can cause serious accidents that can lead to severe injuries or even death. This is because drowsy or fatigued drivers often fail to take evasive action before an accident, such as swerving or braking. In addition, it’s common for drowsy drivers to drift out of their lane into other lanes or even across double yellow lines, increasing the risk for a head on collision. Also, driving drowsy significantly reduces reaction times and the ability to focus. Because of this, drowsy driving accidents can be incredibly severe.

Yet, in many cases, proving that the other driver is liable for the accident can be difficult. That’s why it helps to have a Houston auto accident attorney on your side to help build and fight your case. 

Potential Signs of a Drowsy Driver

Drowsy driving can happen for many reasons. For some, it’s that they didn’t get enough sleep before getting behind the wheel. For others, it may be that they have an untreated sleep disorder that causes extreme fatigue and sleepiness. Still others may drive drowsy due to medications that can cause fatigue. 

If you suspect another driver is drowsy, try your best to avoid them, as they are a car accident hazard. Here are some potential signs of a drowsy driver:

  • Hitting the rumble strip on the side of the road
  • Drifting out of their lane
  • Not maintaining speed
  • Seeing the driver yawning frequently, closing their eyes, or nodding off

How Your Houston Auto Accident Attorney Gathers Evidence of Driving While Fatigued

There is no test for drowsy driving like there is for driving drunk or under the influence of drugs. However, that doesn’t mean that it’s impossible to prove that the other driver was drowsy at the time of the car  accident. 

While it can be difficult to prove, there are many things your Houston auto accident attorney may do to help get evidence of their fatigue. This is important, since you as the victim will need to prove that the other driver was liable for your damages due to negligence. 

Your Houston auto accident attorney can help you find evidence of the drowsy driver’s negligence in many ways. For instance, talking to witnesses can be incredibly helpful. They may have noticed the driver nodding off or displaying other signs of drowsy driving. In addition, in some cases we may be able to get information about what they were doing in the hours leading up to the accident. For instance, if they worked a night shift and didn’t sleep afterwards before causing the accident. All this evidence can help prove the other driver’s fault so you can seek compensation for your damages.

What Types of Damages Are Drowsy Drivers Liable for After an Accident?

Compensation in a personal injury case like a car accident case are called damages. There may be many different damages that you can get compensation for from the at-fault driver. They include:

  • Property damage
  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Lost earning capacity

Being able to seek punitive damages is much rarer, as they are reserved for gross negligence. In most cases, a drowsy driver may be guilty of negligence, but not gross negligence. Gross negligence is where the driver knows their actions are likely to cause harm. One potential example would be taking sleeping medication and deciding to drive anyways. If you’re not sure what damages to seek in your case, talk to your Houston auto accident attorney about your options.

Houston Car Accident Insurance Claim or a Lawsuit For a Drowsy Driver Accident?

Another question you may have if you were injured by a drowsy driver is whether to file a Houston car accident insurance claim or a lawsuit. This really depends on the details of your accident, so you should talk to your lawyer to determine the right option for you.

Most people start with an insurance claim to get compensated for their accident-related expenses. This process involves submitting evidence and a list of your damages to the other driver’s insurance company. They complete an investigation to determine who is at fault. Then, if they decide their driver is at fault, they typically offer you a settlement amount. 

The problem is, insurance companies will try to pay as little as possible for claims. This is where you may run into trouble and may need help from a Houston auto accident attorney. Your lawyer can help with everything from getting clear evidence of the other driver’s negligence to negotiating a settlement amount with the insurance adjuster. 

If negotiations fail for your Houston car accident insurance claim, then you may need to file a lawsuit against the other driver. This will often result in settling for a fair amount outside of court, but it shows the insurance company you mean business. 

In addition, keep in mind there may be other cases where you may need to file a lawsuit without going through insurance. One common reason is if a private company shares responsibility for the accident. This is common with commercial drivers like bus drivers. Often, the driver’s employer can be held responsible and you may need to file a lawsuit against them. For instance, if you’re injured by a private bus driver, your Houston bus accident attorney may recommend filing a lawsuit against the private bus company to get compensation for your damages. 

DeSimone Law Office – Attorneys You Can Trust After a Car Accident

Get a free car accident case evaluation today with our attorneys at DeSimone Law Office. We are an experienced legal firm in Houston with a track record for successful settlements and awards for car accident victims. Our attorneys are proud to help victims of car accidents get the compensation they need after a crash. If we can’t help you recover damages, then you owe us nothing in payment. Discover how we can help your case during a consultation with our team. 

This entry was posted in Car Accidents, Houston Auto Accident Attorney, Traffic Accidents. Bookmark the permalink.
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