When you’re the victim of a drowsy driving crash, proving that the other driver was 100% at fault can be difficult. Find out what you can do to help your case.

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How can I prove the person who crashed into me fell asleep at the wheel?

 

A:

The vehicle next to you on S. Lucile St. started swerving and before you knew it, slammed right into your driver’s side door. It didn’t seem like the driver slowed down at all and you’re wondering what happened.

You ended up in the ER at Virginia Mason because of the injuries you sustained. A police officer came to speak with you and wants to know who was at fault. You know the other motorist was to blame, and in fact, fell asleep behind the wheel. The trouble is proving that you weren’t the one who caused the collision.

Proving Your Innocence: The Struggle Is Real

Police will likely launch an investigation into the accident, but proving you weren’t the negligent driver is potentially a struggle. Additionally, showing that the driver fell asleep behind the wheel is difficult to prove, and here’s why:

  • Tests for drowsiness do not exist. The police can perform blood and urine tests to prove that negligent motorists were driving while intoxicated or under the influence. Unfortunately, the same cannot be done for drowsy drivers, which means there is no medical evidence of a person falling asleep behind the wheel or operating the vehicle when sleepy.
  • Drowsy drivers are often alone. Those who fall asleep behind the wheel are typically alone, which means passengers cannot serve as witnesses and give accounts as to what happened.
  • Accident scene evidence is often the only proof. Police will likely look for skid marks at the scene of the accident. Lack of the marks shows that the driver didn’t attempt to slow down, which means he may have fallen asleep behind the wheel. Sometimes, this is the only proof present.

The Andrew Kim Law Firm Wants to Help

In order to prove that you were the victim of the accident, you’ll need an experienced attorney on your side. If not, you will likely not get the compensation you need and deserve. The Andrew Kim Law Firm wants to help you get the justice you seek. Contact us today to learn how.