Even though driving and drowsiness are hazardous combinations, people routinely continue to get behind the wheel while fatigued, a choice that could have disastrous consequences for anybody unfortunate enough to be near them on the roadway.
If you were injured in a car accident that you suspect was caused by a drowsy driver, it is important that you understand your rights. You could be entitled to financial compensation for your medical bills, lost earnings, pain and suffering, and property damage. To find out more about bringing a personal injury claim against the at-fault driver responsible for your accident, reach out to a Dallas drowsy driving accident attorney from Rasansky | McKenzie Law today. In a free consultation, we can explain your rights and outline your legal options.
What Causes Drowsy Driving?
An estimate published by the National Highway Traffic Safety Administration shows that falling asleep behind the wheel is the proximate cause of roughly 91,000 motor vehicle accidents every year. While it is true that anyone could potentially fall asleep while driving, the Centers for Disease Control and Prevention reasons that some drivers are at a greater risk of doing so, such as drivers who are:
- Sleep-deprived, or regularly get fewer than six hours of sleep
- Traveling long distances
- Have an untreated sleep disorder, like sleep apnea
- Taking medications that cause drowsiness, whether over-the-counter or prescription
- Under the influence of alcohol or drugs
- Work odd or inconsistent hours, or drive at night
- Routinely travel between the hours of midnight and 6:00 a.m.
Drivers who meet one or more of the above-listed issues are far more likely to fall asleep behind the wheel. Sadly, most drivers are unaware that they are endangering other people when they drive fatigued. Still, others fail to take precautionary measures, even though they are fully aware that they are in no condition to drive.
How to Identify a Drowsy Driver
As a person who both gets tired and drives a car, it isn’t hard to determine when you are sleep-deprived to such an extent that it is causing impairment. However, recognizing when someone else is drowsy is far more challenging. There are a few signs you can keep an eye out for that could indicate that another driver is fatigued, such as:
- Drifting into another lane
- Excessive yawning
- Driving over rumble strips
- Swerving
- Alternating between going over and under the speed limit
Although these signs could also be indicative of a drunk or drugged driver, the bottom line is that they present a threat. If you see someone exhibiting any of these behaviors, you should exercise due care and do what you safely can to avoid them.
Obstructive Sleep Apnea and Drowsy Driving
Many car accidents associated with drowsy driving are not the result of a tired driver who simply fell asleep behind the wheel after a bad night’s sleep. Many of them can be directly linked to serious sleep disorders such as obstructive sleep apnea. This occurs when a person repeatedly stops and starts breathing during the night because their upper airway becomes blocked while they sleep.
Regrettably, one of the side effects of obstructive sleep apnea is extreme fatigue. It is possible for someone with this condition to be unaware that they have it and exactly how sleep-deprived they really are until they cause a serious car accident by falling asleep at the wheel.
Proving fault for a sleep apnea-related car crash is exceedingly difficult. If you were injured in a car accident that you suspect was caused by sleep apnea, speaking with an experienced car accident attorney right away is of the utmost importance.
What Should I Do After Being Hit by a Drowsy Driver in Dallas?
Car accidents caused by drowsy driving can be especially devastating since they can happen at high speeds and involve catastrophic injuries. In addition, they often take place during late night or early morning hours, and are particularly disorienting for the at-fault driver.
With this in mind, it is essential for anyone who finds themselves in this unenviable situation to take immediate action to preserve their rights, including:
- Seeking prompt medical attention for any injuries, no matter how minor
- Getting the contact details of everyone else involved
- Taking videos or pictures of the accident scene, including any vehicle damage and visible injuries
- Getting the contact details of any bystanders who witnessed the crash
- Obtaining a copy of the police report drafted by the responding police officer
- Keeping copies of any and all paperwork relating to your medical treatments, such as bills, invoices, doctor’s notes, and prescriptions
You also need to consult a reputable drowsy driving accident lawyer as soon as possible after your accident. They can work with a team of experts and investigators to collect important evidence, such as reconstruction analysis and surveillance videos. However, the longer you wait to contact an attorney, the more likely witnesses’ memories are to fade, and strong, supporting evidence is to be destroyed, lost to time.
What Compensation Am I Entitled to for a Drowsy Driving Accident?
Drowsy driving accidents are frequently accompanied by extensive property damage and severe injuries. Injured parties who are able to show that the other driver’s reckless, negligent, or malicious conduct was the direct cause of their car accident are typically able to recover damages for their associated losses. This often includes compensation for:
- Current and projected medical expenses for diagnosis, treatment, rehabilitation, medication, and more
- Vehicle repair or replacement costs
- Lost income incurred through an inability to work
- Diminished earning capacity
- The pain, suffering, and inconvenience endured by the injured party
- Permanent disability, incapacitation, scarring, or disfigurement
To find out more about what forms of damages you may be entitled to collect after a collision with a drowsy driver, contact a Dallas car accident lawyer today.
Respect. Resources. Results.
If a drowsy driver injured you and you are struggling to cope physically and financially, you can benefit from the guidance of an experienced Dallas car accident lawyer. Contact Rasansky | McKenzie Law today at (214) 651-6100 to discuss the facts of your accident and discover what legal options are available to you.