Types Of Evidence That Can Help You Prove A Drowsy Motorist Caused Your Florida Car Accident
Many people, if not everyone, understand the dangers of drunk and distracted driving. However, often, people forget just how dangerous drowsy driving can be. Drowsy driving arises when a motorist gets behind the wheel while sleepy or fatigued. It can occur because a driver has not had enough sleep, because of untreated sleep disorders, or because of long hours of work. Some medications can also cause drowsiness. It is estimated that every year, drowsy driving causes approximately 100,000 accidents.
If you suffered injuries in a Florida accident caused by a drowsy driver, you can file a claim against the driver and recover compensation. However, to recover the compensation you deserve in your car accident claim, you must provide evidence showing the other motorist was drowsy. Below, we look at some of the pieces of evidence that can help you prove a drowsy motorist caused your Florida car accident.
Pictures Taken at the Accident Scene
The importance of taking pictures after a car accident can never be over-emphasized. If you took pictures after your accident, and no skid marks can be seen in the photos, that might help you prove that the other driver was drowsy driving. So, how exactly can a lack of skid marks establish drowsy driving? The lack of skid marks can help show that the other driver didn’t hit the brakes, thus indicating they were too tired or asleep. Usually, a driver will hit their brakes when they are about to get into an accident, creating skid marks on the road.
Social Media History
If, for instance, the other driver wrote “I haven’t slept all night” on their Facebook page about the same time as the accident, this could help you prove drowsy driving. Also, if there are photos or videos of the other driver at a party sometime before your accident, it could help show that the driver got into their vehicle while tired.
Medical Records
Research suggests that around 50 to 70 million Americans suffer from a sleep disorder that hinders their daily functioning. Examples of common sleep disorders include insomnia, sleep apnea, hypersomnia, and circadian rhythm disorders. A skilled attorney can subpoena the medical records of the other driver to prove that they suffer from a sleep disorder, which may have resulted in them getting behind the wheel while drowsy. Also, you can use prescription medication records to prove drowsy driving. As stated earlier, some medications cause drowsiness.
Witness Testimony
If another person saw the other driver nodding off or the vehicle drifting to the side of the road, their testimony could prove invaluable. If the car drifted to the side of the road, it could mean the driver was inattentive.
Event Date Recorder Data
Many vehicles have EDRs, which capture vital information such as speeds, braking, blinker usage, and lane changes. EDR data can, for example, show if the other driver failed to hit the brakes when approaching you or was swerving between lanes, both of which could be signs of drowsiness or tiredness.
Contact Us Today for Legal Help
If you need help proving that the driver who injured you was drowsy driving, contact our Jacksonville personal injury attorneys at The Pendas Law Firm.
The Pendas Law Firm also represents clients in the Fort Lauderdale, Miami, Fort Myers, Ocala, Orlando, Bradenton, Daytona Beach, Tampa, and West Palm Beach areas.
Source:
nsc.org/road/safety-topics/fatigued-driver#:~:text=The%20National%20Highway%20Traffic%20Safety%20Administration%20estimates%20that%20every%20year%20about%20100%2C000%20police%2Dreported%2C%20drowsy%2Ddriving%20crashes