FAQs About Filing A Claim Against A Drowsy Driver
Drowsy driving is a result of driving when sleepy or tired. Most people may not know this, but drowsy driving is considered just as dangerous as drunk driving. Like alcohol, drowsiness can affect a driver’s reaction time, make a driver less able to pay attention to the road, and affect a driver’s ability to make good decisions. If you were hit by a drowsy driver in Florida, you have the right to recover compensation from the drowsy driver.
If it is your first time filing a personal injury claim against a drowsy driver, you probably have several questions you need answers to before you start the claims process. Contact an experienced personal injury attorney to get answers to all your questions. However, in the meantime, before you contact an attorney, you can find answers to some of the frequently asked questions about filing a claim against a drowsy driver below;
Question #1: Do I Need an Attorney to File a Claim Against a Drowsy Driver?
You are not legally required to hire an attorney before filing your claim. However, it is best to hire an attorney.
Thankfully, you don’t have to worry about affording an attorney since most personal injury attorneys work on a contingency fee basis. This is when an attorney only gets paid if and after they win a case for a client.
Question #2: How Can I Prove a Drowsy Driver hit me?
To recover compensation after getting hit by a drowsy driver, you must prove liability on the part of the other driver. It is not just enough that you say a drowsy driver hit you. You must provide evidence that can support your claim. The following are some pieces of evidence that can help you prove a drowsy driver hit you;
- Dash cam or video footage
- Pictures from the accident scene
- Black box data
- Medical records showing the other driver was taking prescription drugs that can cause fatigue
- Social media
- Witness testimony
- The police report
You may wonder, “How can social media help me prove I was hit by a drowsy driver?” Through social media, your attorney can determine if the other driver had been up for enough hours to be considered dangerously tired. People post a lot about their lives on social media.
Question #3: What Kind of Damages Am I Entitled to in My Drowsy Driving Accident Case?
You can recover compensation for economic and non-economic damages in a Florida drowsy driving accident case. Economic damages are verifiable monetary losses. They include medical expenses, lost wages, and repair costs. On the other hand, non-economic damages are subjective and include pain, suffering, loss of enjoyment of life, and emotional distress.
You’ll need to prove both the economic and non-economic damages you suffered. Testimonies from family and friends and your daily journal are examples of evidence you can use to prove non-economic damages.
Question #4: How Long Do I Have to File a Claim Against a Drowsy Driver?
In Florida, drowsy driving accident victims usually have four years from the accident date to file a claim against the drowsy driver. However, it is advisable to file your claim as soon as possible.
Legal Help Is Available
If you were hit by a drowsy driver, our Fort Lauderdale personal injury attorneys at The Pendas Law Firm can help you file a claim against the driver and fight for the compensation you deserve. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Fort Myers, Ocala, Orlando, West Palm Beach, Miami, Naples, Melbourne, Daytona Beach, Tampa, Jacksonville, and Bradenton areas.
Source:
sleepfoundation.org/drowsy-driving/drowsy-driving-vs-drunk-driving#:~:text=Though%20not%20identical,affect%20alertness%20and%20decision%2Dmaking
