Austin Personal Injury Blog

Drowsy Driving & Personal Injury Claims

Posted By The Stewart Law Firm, PLLC || 25-Feb-2020

Drowsy driving is one of the most dangerous actions a driver can do. These drivers are tired; their decision-making abilities falter and they often fail to keep their eyes open. When someone falls asleep at the wheel, they put you and countless other drivers in danger.

When someone drives while drowsy, they are negligent, which plays a big factor in personal injury claims. However, to recover compensation, you must recognize how to prove drowsy driving, so you can successfully get through the complex legal process.

Duty of Care

Drivers have a duty of care, and they must operate their vehicles with others’ safety in mind. When someone obtains a driver’s license, they assume this duty of care. To prove a personal injury claim, you must show that the driver had a duty of care to protect you.

Breach in the Duty of Care

Any negligence act is a breach in the duty of care—drowsy driving included. When a driver operates his or her vehicle while drowsy, they are negligent. They overlook the safety of others and continue to drive despite the harm they can cause.

Causation

In a personal injury claim, you must show that your accident was a result of someone else’s negligence. In this situation, you must prove that the other driver was drowsy when he or she hit you and your vehicle. It’s helpful to document the other driver’s state at the scene of the crash—which is why reporting the accident to the proper authorities is imperative.

Your Injuries

Drowsy driving lawsuits require to show that your injuries were the result of the negligent act; in this case, drowsy driving. Many insurance companies will try to deny your claim, stating that your injury is from a pre-existing situation. Proving otherwise means obtaining medical records, so you should seek care quickly following any crash.

At The Stewart Law Firm, we prioritize your rights with a focus on helping you obtain the most beneficial outcome possible. Our Austin car accident lawyers stand by your side from start to finish. We’ll be your guide to pursue the justice you need.

Call us today at (512) 942-2372 for a free consultation today.

Categories: Car Accidents
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