When a motorist is forced to drive for long periods of time, he or she might end up in a state of absolute exhaustion, but fail to pull over to the side of the road out of fear of being late for a destination. However, if he or she falls asleep and causes an accident with your vehicle, this will be a difficult legal situation to sort out.
A Sleeping Motorist Can Be Difficult to Prove
If you can prove that the other motorist was asleep at the time of the accident, you can use this to prove fault. However, it can be difficult to prove when a motorist is asleep behind the wheel. In some states, you must prove that the motorist has been awake for longer than 24 hours. This may require that you find a few eyewitnesses.
There Might Be Useful Circumstantial Evidence
There are other forms of circumstantial evidence that can help bolster your case. For example, if there are no signs that the motorist attempted to brake before the accident, this might indicate that he or she was not conscious before the accident. Cell phone records can be used to determine if the driver has been traveling across long distances recently.
To win a lawsuit, you must demonstrate that the motorist breached a duty of care through negligence. Drivers who are exhausted have the responsibility to pull over by the side of the road or find a nearby hotel.
Working with the Police
If the motorist made the mistake of admitting that he or she fell asleep behind the wheel, this is solid evidence to support your case. For this reason, you should call the police so that they can be at the scene to create an opportunity for the motorist to make this admission. If the motorist admits to having been asleep behind the wheel, this will be recorded in the police report.
In most cases, the driver will not admit to having fallen asleep. Even if the motorist does not admit to falling asleep, tell the police officer that you suspect the other driver was asleep. The officer may be able to gather evidence to help you.
Seeking Legal Help
Because of the challenges of proving that a motorist was asleep behind the wheel, you may need the assistance of an auto accident attorney. If you have reason to believe that the other motorist was asleep, the auto accident attorney will conduct an investigation to determine if evidence exists to prove this.
Contact a law office like Campbell, Dille, Barnett & Smith, P.L.L.C. for more information and assistance.
