Michael D. Waks Long Beach Personal Injury Lawyer & Car Accident Attorney

A Lawyer You Can Trust

No Fee Unless You Win

Call888.394.1174

Available 24/7

  • Home
  • Attorney Profile
  • Reviews
  • Practice Areas
    • Personal Injury Lawyer Long Beach
    • Personal Injury Lawyer Cardiff
    • Motor Vehicle
      • Auto & Car Accidents
      • Bus Accidents
      • Distracted Driving
      • DUI Victim
      • Motorcycle Accidents
      • Truck Accidents
      • Wrongful Death
    • Premises Liability
      • Construction Accidents
      • Premises Liability
      • Electrical Accidents
      • Private Property Accidents
      • Slip and Fall Accident
      • Swimming Pool Accidents
    • Other Practice Areas
      • Brain Injury
      • Burn Injury
      • Bicycle Accidents
      • Boating Accidents
      • Dog Bite Accidents
      • Legal Malpractice
      • Pedestrian Accidents
      • Product Liability
      • Sexual Assault
      • Spinal Injury
  • Case Results
  • Videos
  • Resources
    • California Law Enforcement Information
    • California Personal Injury Laws and Statutory Rules
    • Other Resources
    • Personal Injury Law FAQs
    • Personal Injury Resources
    • Physical & Emotional Recovery Support
    • Southern California Courts
  • Blog
  • Contact Us

3 FAQs About Building a Claim Against a Drowsy Driver

January 5, 2022 by Michael Waks

man driving in traffic

A lot of motorists who would never even think to get behind the wheel after drinking have no qualms about driving while drowsy. What they don’t realize, however, is that drowsy driving can be just as dangerous as drunk driving. 

Because of the way sleep deprivation impacts motor control and cognitive function, remaining awake for 18 hours straight is comparable to having a blood alcohol content of 0.05 percent. What’s more, those who don’t sleep for 24 consecutive hours have the same level of impairment as those whose BAC is 0.1 percent, which is higher than the legal limit for operating a motor vehicle.  

Unlike drunk driving, however, there are no chemical tests to prove definitively that someone was driving while drowsy. This can make it challenging for car accident claimants, who must prove liability before they can secure compensation for their losses. 

If you were seriously hurt in a collision caused by a drowsy driver, here’s what you should know about proceeding with a claim:

1. How Can I Prove the Motorist Who Struck Me Was Drowsy?

The strongest evidence that will support your claim is going to depend on the circumstances; however, it will probably include at least a few of the following pieces of proof:

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

2. How Long Do I Have to Take Action Against a Drowsy Driver?

If the insurance adjuster refuses to offer a fair settlement—or disputes liability altogether—you may have to file a formal lawsuit, and in the state of California, you’re probably going to have just two years to do so. That’s the statute of limitations for personal injury actions. 

It’s important to keep in mind, however, that there are a few exceptions to this filing deadline that can shorten it. As such, you’re going to want to discuss the situation with an attorney and get your claim underway as soon as possible. 

3. How Can I Increase My Chances of Securing a Satisfactory Payout?

There is no way to guarantee your claim will result in a payout. There are steps you can take, though, to increase the likelihood that it’s resolved in your favor. Such steps include:

  • Keeping a low profile on social media,
  • Following all medical advice,
  • Preserving any documents that correspond to your injury-related expenses,
  • Writing daily journal entries about the progress of your recovery, and
  • Referring the opposing party to your legal team. 

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

Your Injuries Are Personal to Me 

At the Law Office of Michael D. Waks, we’re devoted to protecting injured parties and their loved ones. If you were seriously hurt through no fault of your own, we’ll help you put together a strong claim, so you can seek compensation from all those who were to blame. Call (562) 206-1939 or fill out our Contact Form to set up a free, no obligation consultation with a car accident lawyer in Long Beach.

Download Our Car Accident Emergency Response .PDF

Since accident scenes are always chaotic, we’ve created a handy document that contains detailed instructions for recording pertinent information before leaving the area. By keeping it a copy in your glovebox, you’ll be ready for anything. Download it HERE for free. 

  • Author
  • Recent Posts
Michael Waks
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.
Michael Waks
Latest posts by Michael Waks (see all)
  • Understanding the Civil vs. Criminal Charges Brought Against Alec Baldwin over Fatal “Rust” Shooting - March 15, 2023
  • How to Prepare for Your First Meeting with a Distracted Driving Accident Lawyer - March 8, 2023
  • How to Seek the Maximum Compensation After Getting Hurt in a Car Accident - March 1, 2023
Share here...

Law Office of Michael D. Waks

Get a Free Consultation

  • Submission of this form does not create an attorney-client relationship.
  • This field is for validation purposes and should be left unchanged.

Testimonials

Michael represented me in a personal injury case and I can’t recommend him enough. From the very first consultation he made sure that I was always aware of my options and up to speed with every aspect of my case. He answered all my questions and used his experience and expertise to help guide my decisions instead of trying to make them all for me. He not only ensured that the settlement I received was more than enough to cover all my bills and expenses but he also made sure I had piece of mind and would be taken care of going forward.

– Eric G.‎
Read More Testimonials

Categories

  • Bicycle Accidents
  • Boating Accidents
  • Brain Injuries
  • Burn Accidents
  • Bus Accidents
  • Car Accidents
  • Construction Site Accidents
  • Disability
  • Distracted Driving Accident
  • Dog Bites
  • DUI Victim
  • Electrical Accidents
  • Government Entity Claims
  • Legal Malpractice
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Personal Injury
  • Premises Liability
  • Private Property Accidents
  • Product Liability
  • Sexual Assault
  • Slip and Fall
  • Spinal Cord Injuries
  • Train Accidents
  • Truck Accidents
  • Uncategorized
  • Uninsured Motorists
  • Wrongful Death
– BACK TO TOP –

Visit Us

Long Beach Office
1 World Trade Center, Suite 800
Long Beach, California 90831
P: 562-206-1939
F: 562-676-4388
Get Directions

Cardiff Office
160 Chesterfield Dr., Suite 200
Cardiff, CA 92007
760-767-8031
Get Directions

Call Us

888-394-1174
SCHEDULE A FREE CONSULTATION
Personal injury lawyer Long Beach
Car accident lawyer Long Beach
Google Review
  • review_star
  • review_star
  • review_star
  • review_star
  • review_star

Michael Waks is The attorney you want to resolve your accident issues, period. He is knowledgeable, efficient, and gets maximum results when you are injured.

— Joe M
  • facebook-app-symbol
  • twitter
  • linkedin
  • pinterest
  • youtube
  • Disclaimer
  • Privacy Policy
  • Scholarship
  • Sitemap

This website is for informational purposes only and should not be construed as providing formal legal advice.

Copyright © 2022 by Michael D. Waks Long Beach Personal Injury Lawyer & Car Accident Attorney

Website & SEO By Sutton Digital Marketing