3 FAQs About Taking Action Against Someone Who Was Driving While Drowsy

Michael Waks

2 years ago

While most people would never get behind the wheel after drinking to the point of impairment, few stop to consider the risks before driving while drowsy. Since sleep deprivation affects things like reaction time and judgement the same way alcohol does, however, drowsy driving can be just as dangerous as drunk driving.

Thankfully, when someone is struck by a drowsy driver, the law is usually on their side. As long as they can put together a compelling claim, they may seek compensation for the resulting damages.

If you were recently hurt in a car accident and you think it occurred because the other motorist had fallen asleep behind the wheel, here’s what you should know about taking action against them:

1. How Can You Prove Someone Was Driving While Drowsy?

The most convincing evidence that ends up supporting your claim will come down to the circumstances surrounding the crash. In most cases, though, drowsy driving accident claims demand the following pieces of proof:

Black box data,
Eyewitness testimony,
Statements from accident reconstruction experts,
Surveillance footage or dash camera footage, and
The official police report.

2. What Kinds of Damages Can You Seek from a Drowsy Driver?

California allows drowsy driving accident victims to seek funds for both the economic and non-economic damages they incur in the aftermath of the crash. Examples include emotional distress, pain and suffering, loss of enjoyment in life, property repairs, lost earnings, and medical bills. Just keep in mind that you’re going to have prove you actually incurred the losses you end up claiming.

3. How Long Do You Have to Take a Drowsy Driver to Court?

While most valid and compelling car accident claims are settled, some end up going all the way to trial. Since yours could be one of them, it’s wise to familiarize yourself with the applicable deadlines.

California’s typical statute of limitations for personal injury suits is two years. That means the average car accident victim has two years from the date on which they were hurt to file a formal lawsuit against the liable party.

Call (562) 206-1939 to Discuss Your Case with a Long Beach Car Accident Attorney

Your Injuries Are Personal to Me

If your life was turned upside-down by a drowsy driver, you deserve justice, and the Law Office of Michael D. Waks can help you seek it. Our tenacious team will use all the resources at our disposal to build a strong claim on your behalf, and we won’t charge any fees whatsoever unless we win your case. Call (562) 206-1939 or submit the Contact Form on our website to schedule a free initial consultation with a car accident lawyer in Long Beach.

Keep a Copy of Our Car Accident Emergency Response .PDF on Hand

Should you ever find yourself in another collision, you’ll want to make sure you record the scene in the aftermath. For detailed instructions on how to do so, check out our Car Crash Emergency Response .pdf. Download it HEREfor free and keep a copy in your glovebox at all times.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.