Drowsy driving is a serious issue that can lead to life-changing accidents. Do you know who is liable in such cases? The answer is crucial if you’ve been in a car accident where the driver may have fallen asleep at the wheel. HSD Law has years of experience handling fatigued driving accident claims, making us a top pick for injury victims seeking compensation in Fort Collins, CO.

Steps to Take if You’re Involved in a Drowsy Driving Accident

If you get into a crash with a drowsy driver, establishing negligence is a key part of your claim. The police are responsible for documenting the scene and determining the cause of the accident. Still, gathering your own evidence is important to support your claim. Here are the steps you should take:

  • File a police report: The first step is officially reporting the accident. When the police arrive, clearly state your suspicion that the other driver fell asleep. The officer should document this in the police report, creating crucial evidence for establishing negligence.
  • Take photos and videos: Document the accident scene thoroughly before you leave. Capture photos and videos of property damage, vehicle positions, and physical evidence of fatigue, like coffee cups or medication in the other driver’s car. These visual records help demonstrate the circumstances leading to the accident.
  • Talk to witnesses: Witness statements may prove invaluable. If anyone saw the driver nodding off or driving erratically before the accident, ask them to provide a written account of their observations. Collect their contact information in case you need to follow up.
  • Note environmental conditions: Record details about the environment that might support your claim. For instance, fatigue may be the most likely cause if the accident occurred at night.
  • Consult an auto accident lawyer: Contact an experienced auto accident lawyer specializing in drowsy driving liability cases. They can help by gathering further evidence, arranging expert testimony, and taking other steps to build a strong case.

Tired Car Driver Yawning, Showing Risk of Fatigue Accidents in Fort Collins, CO

Drowsy Driving Liability

Drowsy driving is considered negligent because it violates the driver’s duty of care to others on the road. This duty requires drivers to operate their vehicles safely and responsibly to avoid putting anyone at risk. If a driver falls asleep at the wheel and causes an accident, they can be held liable for damages. This liability extends to both personal injury claims and wrongful death lawsuits if the accident results in fatalities.

If a claimant wins their case, they can use the compensation to cover economic damages like medical expenses, lost wages during recovery, loss of future income, and funeral costs. Non-economic damages are also eligible for compensation, including pain and suffering, emotional distress, disfigurement and scarring, and loss of companionship. Insurance companies often try to minimize payouts in drowsy driving cases. An experienced personal injury or wrongful death lawyer can negotiate with the insurance company to ensure you receive fair compensation for your losses.

How to Prevent Drowsy Driving

Driving on too little sleep may be negligent, but it isn’t malicious. It can happen to anyone. Do your part to stay alert and avoid asleep-at-the-wheel accidents by following these tips:

  • Plan rest stops: During road trips, take a break every two hours or 100 miles to help prevent fatigue.
  • Get enough rest: Aim for seven to eight hours of sleep the night before starting a long drive. A well-rested driver is less likely to fall asleep at the wheel.
  • Avoid alcohol and sedatives: These substances can make you sleepy, even if consumed in small amounts.
  • Travel with a companion: Having someone in the car to talk to helps you stay alert. You can also switch drivers if you start feeling tired.
  • Know the signs of fatigue: Watch for early signs of drowsiness, such as frequent yawning, heavy eyelids, difficulty focusing, or lane drifting. If you experience any of these, pull over and rest.
  • Use alertness aids: When you have no choice but to drive on too little sleep, take steps to stay alert. This may include drinking caffeine, listening to lively music, or conversing with passengers.

How HSD Law Can Help

Drowsy driving accidents can be devastating. Don’t go it alone—turn to HSD Law for help defending your claim and maximizing your payout. Our seasoned auto accident lawyers serve Fort Collins and Northern Colorado, leveraging years of experience and a thorough understanding of drowsy driving laws. We advocate for clients on a contingency basis, meaning you pay nothing unless we win your case. Contact us today to Explore your options in a free, no-pressure consultation with our skilled attorneys.