Thousands of drivers get behind the wheel every day feeling tired, but not anticipating that anything serious will happen due to their fatigue. However, drowsy driving has become one of the leading causes of serious car accident injuries in the United States. While these accidents have become very common, determining liability in drowsy driving accidents is still difficult. If you or someone you know has been injured in a drowsy driving accident, contact the personal injury attorneys at Finkelstein & Partners, LLP today. Our team of personal injury professionals has the knowledge and experience to offer you quality legal representation.
Proving that someone was at fault for being asleep at the wheel at the time of an accident can be extremely difficult. It is challenging to prove that the person has been driving for a long period of time before the accident occurred. Some states require proof that the sleeping driver had been awake and driving for twenty-four hours prior to the accident occurring. It could also be that the driver fell asleep at the wheel because they were under the influence of prescription medication that causes drowsiness. This requires concrete evidence in order to prove fault and liability.
Liability in car accidents is divided into two categories, civil cases and criminal cases. The standard of liability in a car accident depends on which category the specific event falls into. For example, in a criminal case, a driver who fell asleep behind the wheel could be charged with reckless driving or even negligent homicide in the event that someone was killed in the accident. In criminal cases, prosecutors must be able to prove that there was a standard of serious blameworthiness, moral blameworthiness, or dangerous speeding involved in order to obtain a conviction.
In a civil case, the plaintiff must be able to prove that the defendant was negligent based on concrete evidence. However, car accident cases can be very complicated and proving liability can be problematic. For this reason, car accident cases usually require enlisting the guidance of a reputable personal injury attorney.
If you or someone you know has been injured in a drowsy driving accident, contact the personal injury attorneys at Finkelstein & Partners, LLP. Our team of personal injury professionals has the knowledge and experience to offer you quality legal representation while fighting for the compensation you need and deserve. Call us today at (800) 529-2676. You may also contact us by email at [email protected].