4 FAQs About Suing a Drowsy Driver in Florida

Suing a Drowsy Driver in Florida

Everyone knows drunk drivers pose an incredible risk to both themselves and those on the road around them. Despite the fact that sleep deprivation has similar effects on the body as alcohol, though, a lot of people underestimate just how dangerous drowsy drivers can be. In reality, nodding off behind the wheel is a surefire way to cause a collision, and the consequences are often devastating.

If you were struck by a drowsy driver, it’s only natural to want justice. Since putting together a strong personal injuryclaim is inherently challenging, though, you probably have a lot of questions on the subject. An attorney can address the specifics of your case, but in the meantime, you can find the answers to some general questions below:

1. How Do You Prove Liability for a Drowsy Driving Accident?

In order to prove liability for the accident in which you were hurt, you’re going to have to convince the insurance adjuster that the other motorist was responsible for the crash. Evidence that may help you do so includes:

  • Dash camera footage,
  • Eyewitness testimony,
  • Statements from accident reconstructionists,
  • The official police report, and
  • Black box data.

2. What Kinds of Damages Can You Seek by Taking Action Against a Drowsy Driver?

As long as you meet the state’s serious injury threshold, you can seek compensation for both the economic and non-economic damages you incur due to the accident. Such damages might include medical bills, lost wages, the cost of replacement services, and diminished quality of life.

You’re going to have to prove you actually suffered the losses you claim, though, so make sure to save all associated documentation. It’s also wise to start writing in a daily journal, so you have proof of your non-monetary losses. Simply record the hurdles you face because of your injuries, and be prepared to present these entries when the time comes.

3. How Long Do You Have to Sue a Drowsy Driver?

If the insurance adjuster refuses to offer a fair settlement, you may have to take the drowsy driver to court, and you’re going to have to do so before the deadline has passed. Florida’s typical deadline for personal injury actions, including those involving car accidents, is four years. There are some scenarios in which this deadline is shortened, though, so it’s wise to get your claim underway as soon as possible.

4. Do You Need an Attorney to Take Action Against a Drowsy Driver?

There’s no law that requires car accident victims to enlist legal representation before filing a claim. Since you undoubtedly have enough on your plate, however, it’s wise to consider hiring an attorney. Thankfully, since most reputable firms work for a contingency fee, you’ve got nothing to lose by reaching out.

Speak with a Florida Car Accident Lawyer

At Emerson Straw, we know all too well the kind of devastating toll that car accident injuries can take on the whole family. If you were seriously hurt in a wreck with a drowsy driver, we’ll use all the resources at our disposal to help you seek the compensation you deserve. Call (727) 821-1500 or submit the Contact Form on our website to schedule a free initial consultation with a car accident attorney in Florida.