Sometimes situations are understandable when a driver dozes off behind the wheel. For instance, they may be stressed, tired, or driving for a long time. In other cases, the driver who fell asleep behind the wheel may be driving under the influence. Irrespective of the circumstances, every driver has a legal duty of care when driving. Drivers need to ensure their safety of themselves and those around them.
Driving while sleeping puts others at tremendous risk, leading to a car accident. If you get into a car accident because the other driver fell asleep, you can hold them liable for the injuries and damage you incurred. Speak to an experienced car accident lawyer to get legal advice and file compensation.
How do you prove that the other driver fell asleep while driving?
Finding evidence of the driver falling asleep while driving can be challenging. The main reason is that following a crash, the driver is likely to be awake, and it is impossible that you have physical evidence of the driver sleeping. Fortunately, a few methods will help trace the driver who fell asleep while driving, especially when they fail to admit their negligence.
- Inform law enforcement.
The police hold the primary legal duty to determine liability following a car accident. Whether the driver accepts their fault or not, you must file a police report. When the police arrive, make sure you tell them all the accident details, including any suspicious behavior or activity of the at-fault driver. The police will note down all the details and investigate the case. Lastly, do not forget to ask for a copy of the police report, as you must submit it when seeking financial compensation.
- Speak to witnesses.
During the accident, there is a chance that any witness may have seen the collision. Suppose they saw the other driver drifting through the lanes, driving recklessly, or sleeping while driving. Ask them to write down all the details of what they saw. A witness statement can support your claim and play a vital role in proving impaired driving.
- Take pictures and videos.
Besides taking pictures and videos of the accident scene, take photos of the inside of the other driver’s car. You may find any suspicious items, including coffee mugs, alcohol bottles, prescription medicines, and more, that will help in understanding that the other driver was showing symptoms of sleepiness.