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Driving while drowsy can be just as dangerous as driving while drunk. When someone is fatigued, their judgement is impaired and their reaction times are slower. Put another way, it’s highly likely that they’ll cause a collision if they stay behind the wheel for long enough.

If you were struck by someone who was nodding off, you probably have grounds for a claim. In order for your claim to be successful, however, you’re going to have to prove that they were actually liable for the wreck.

This typically starts with demonstrating their drowsiness at the time of the crash. Evidence that can help you do so includes:

1. Black Box Data

Nowadays, virtually all vehicles are equipped with event data recorders. Often called “black boxes” in casual conversation, these devices log more than a dozen variables regarding the vehicle’s operation.

Everything from driver inputs and restraint usage to airbag status and speed are recorded. Naturally, such data could prove incredibly valuable when determining what happened in the moments leading up to a crash.

For example, it’s reasonable to assume the motorist who struck you had nodded off if they didn’t take any evasive maneuvers whatsoever in the seconds before the crash. Should the black box data indicate as much, you may be able to use it to corroborate your claim.

2. Photographs of the Wreckage

Accident reconstruction experts can often determine how a collision occurred by evaluating images of the scene. While they can’t necessarily confirm why the accident occurred, their testimony could be consistent with a drowsy driving incident.

3. Eyewitness Testimony

Unless the accident occurred in a fairly undeveloped area, there’s a good chance that at least a few people witnessed it. And if their recollection of the chain of events that led to the crash includes driving indicative of drowsiness—e.g., swerving, veering into oncoming traffic, or ignoring signals—their statements could certainly bolster your claim.

If you managed to get the names and phone numbers of any eyewitnesses before leaving the scene, give the information to your personal injury attorney. They’ll want to reach out as soon as possible, so they can obtain statements while all the most pertinent details are still fresh in everyone’s minds.

4. The Official Police Report

The report filed by the officers who responded to the scene could be integral to your claim. If police happened to obtain a confession, for example, they should have noted as much in this document.

They should have also included their own impressions of the scene. For example, if they had reason to believe the driver who hit you had nodded off, they should have made a note of it. In such a scenario, you could then use the report to support your claim. 

Discuss Your Case with a Car Accident Lawyer in California

Were you struck by someone who had fallen asleep behind the wheel? For help holding them accountable for your losses, turn to Harris Personal Injury Lawyers.

Our compassionate team has assisted more than 5,000 victims of personal injury and wrongful death. To set up a free case review with a car accident attorney in California, call 1-800-GO-HARRIS or fill out our Online Contact Form.