You can be the safest, most cautious driver in the world and still find yourself the victim of a car accident. This is because you simply can’t control what other drivers are doing, including driving fatigued and falling asleep at the wheel.
If a drowsy driver caused a crash that left you injured, you have the option to hold him or her responsible through a personal injury claim. Proving fatigued driving isn’t easy, however, and you can expect the other driver’s insurer to take full advantage of that fact.
Dealing with an insurance company on even footing generally means retaining legal counsel of your own. Working with a Baton Rouge drowsy driving car accident lawyer from Spencer Calahan Injury Lawyers is exactly what you need to ensure that you get every penny in compensation that you’re owed.
How Do I Prove the Other Driver Was Asleep at the Wheel?
Unlike wrecks caused by drunk driving or cell phone use, drowsy driving generally doesn’t leave behind obvious evidence. However, that doesn’t mean there isn’t any evidence that can be used to prove your case.
For example, if the other driver just completed a long shift at work and suddenly veered across the median and into your lane, it might be possible to prove that fatigue was the cause simply through the circumstances. If drugs and alcohol weren’t involved, there was nothing wrong with the car, and nothing else was to blame, then the driver might have no choice but to admit that he or she nodded off.
Your attorney might also depose the driver to ask this very question under oath, which can be further used to bolster your demand for compensation.
Recovering Your Damages
The compensation you collect from the drowsy driver’s insurer should fully compensate all of your injuries, damages, and losses. While many of these will be financial expenses—some of them obvious—you should also recover funds to cover your lost quality of life.
Additionally, we’ll also need to ensure that your future needs are considered. If you suffered an injury in the crash that will require ongoing medical care, you don’t want to accept a settlement that only factors in your current losses.
These are just a few of the financial expenses and non-economic damages that might be possible to include in your injury claim:
Current and future medical bills for treatments, medication, and equipment
Car repair or replacement
Lost income, wages, and earning ability
Pain and suffering
Emotional distress and disfigurement
Lost enjoyment of life
Help from a Baton Rouge Fatigued Driving Car Crash Attorney
The other driver made the decision to drive exhausted instead of pulling over or getting a ride. You shouldn’t have to suffer the consequences of his or her poor decision uncompensated.
Spencer Calahan Injury Lawyers can help you recover the full, comprehensive settlement that you are entitled to. We’ll fight for every last bit of compensation you are owed so that you can recover to the fullest extent possible.
Schedule a free consultation by completing the form below or by calling 225-387-2323.