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How Can I Prove a Motorist Fell Asleep in Traffic?

October 20, 2021 by Michael Waks

motorist fell asleep traffic

Because of the way sleep deprivation affects the brain and the body, driving while drowsy can be just as dangerous as driving while drunk. Unfortunately, that doesn’t stop people across the country from getting behind the wheel when they should be getting into bed. If you were struck by a motorist who fell asleep in traffic, you probably have grounds for legal action. While suing for damages won’t erase what happened or even restore your health, it could yield the money needed to pick up the pieces in the aftermath. 

Before you can recover a payout, though, you’re going to have to find a way to prove that the motorist fell asleep in traffic. Let’s take a look at the kinds of evidence that car accident victims most often use to do just that:

1. Black Box Data 

Most vehicles nowadays are equipped with event data recorders, or what are more often called “black boxes.” These electronic devices begin recording dozens of variables once the vehicle’s starter is engaged.  

Black box data can contribute to a drowsy driving claim when it shows the motorist failed to take any steps at all to prevent the collision. An alert driver will either swerve or slam on the brakes once they realize a wreck is imminent. A motorist who nodded off, on the other hand, won’t do either. 

2. Eyewitness Testimony 

If the crash occurred in a relatively busy area, other motorists or their passengers may have noticed the driver nodding off. They may have also witnessed erratic driving just before the accident, which can certainly bolster your claim that the party who struck you wasn’t fit to be operating a vehicle at the time. 

3.  The Police Report 

After responding to an accident, officers must draft a formal report. In this report, they will include any confessions they obtained at the scene. That means if the motorist who hit you admitted to being drowsy, this document could prove incredibly valuable during the claims process. 

Speak with a Long Beach Car Accident Lawyer

Your Injuries Are Personal to Me 

If you were struck by a drowsy driver while minding your own business, you deserve justice. For help building your personal injury claim, turn to the Law Office of Michael D. Waks. 

Attorney Waks is proud to help accident victims recover what is rightfully theirs, so they can rebuild their lives. To schedule a free case review with a car accident attorney in Long Beach, call (562) 206-1939 or fill out our Online Contact Form. 

Download Our Car Accident Emergency Response .PDF

Unfortunately, even if you’re diligent about remaining alert behind the wheel, you can’t trust everyone else to be, as well. As such, it’s wise to prepare for the worst, and that means keeping our Car Accident Emergency Response .pdf in your vehicle at all times. This document includes step-by-step instructions for recording the scene of an accident, so you can put together a strong personal injury claim that’s supported by lots of evidence. Download it HERE for free.

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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)
  • How to Help Your Loved One Cope with a Spinal Cord Injury - October 27, 2021
  • How Can I Prove a Motorist Fell Asleep in Traffic? - October 20, 2021
  • Filing a Truck Accident Claim? Avoid These Common Mistakes - October 13, 2021
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About 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.

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