How to Prove the Driver Who Struck You Was Drowsy

A lot of motorists don’t realize that driving while drowsy can be just as dangerous as driving while drunk. In reality, drowsy driving is responsible for hundreds of traffic fatalities and thousands of injuries each year.

If you think the motorist who struck you was nodding off behind the wheel, you’re probably wondering how to go about proving it. The most compelling evidence will of course depend on the circumstances surrounding the crash.

There are a few pieces of proof, however, that almost always come in handy when building a car accident claim against a drowsy driver. Read on to learn what they are:

1. The Official Police Report

The officers who responded to the site of the crash should have written up a formal report, which likely includes their impressions of the scene. If they had reason to believe the motorist who struck you had nodded off—or if they obtained a confession stating as much—they should have noted it in this document. As such, it’s wise to request a copy of the police report when putting together your claim and to review it carefully for any details that might bolster your case.

2. Eyewitness Testimony

Other motorists or their passengers may have noticed the at-fault party nodding off or driving erratically prior to the crash. If you were able to get the names and phone numbers of any eyewitnesses before leaving the scene, give the information to your legal team. They’ll reach out and request statements that hopefully corroborate your own version of events.

3. Black Box Data

Black box data refers to logs from event data recorders, which are recording devices that are installed in most vehicles manufactured today. If these logs show the motorist failed to take any evasive maneuvers whatsoever before the collision, it’s reasonable to assume he or she had fallen asleep behind the wheel.

4. Dash Cam Footage

Thanks to the increasing affordability of dashboard cameras, a lot of motorists are installing them in their vehicles. That means even if your car wasn’t equipped with one at the time of the crash, one or more vehicles that were in the vicinity may have been.

Depending on the quality of any available footage and the angle at which it was recorded, it may contribute valuable evidence to your claim. Keep in mind, however, that the software usually overwrites the videos after a certain amount of time has passed to maximize storage. As such, your personal injury attorney will want to reach out to the motorists who possess the footage as soon as possible.

Call (727) 821-1500 to Discuss Your Case with a Florida Car Accident Attorney

If you were seriously hurt by someone who had fallen asleep behind the wheel, turn to Emerson Straw. Our tenacious team has secured more than $27 million for accident victims and their families. You can be sure we’ll use all the resources at our disposal to help you seek justice, too. Call (727) 821-1500 or submit the Contact Form on our website to schedule a free initial consultation with a car accident lawyer in Florida.