The Role of Drowsy Driving in A Personal Injury Claim
Posted in Uncategorized on October 3, 2023
Driving is a responsibility that demands the full attention of the person behind the wheel. Even a brief moment of inattention can lead to severe consequences—and falling asleep while driving, even for a few seconds, can result in a life-altering collision.
If you were injured by a drowsy driver in Texas, you have the right to pursue an insurance claim or a personal injury lawsuit against the negligent motorist. However, the path to recovery is full of legal complexities. Here is what you need to know about the role of drowsy driving in a personal injury claim.
The Driver’s Duty of Care in Texas
In Texas, as in most states, every driver has a fundamental obligation to ensure safety on the roads. This duty of care requires drivers to follow all traffic regulations, drive with reasonable caution, and refrain from behaviors that pose undue risks to others. Put simply, drivers are legally obligated to avoid any actions that might cause harm to their fellow road users.
Drowsy Driving Constitutes a Breach of Duty
The act of driving while fatigued or drowsy severely impairs a driver’s ability to function. Reaction times slow, decision-making abilities are hampered, and attention spans diminish. Driving while drowsy also increases the chances that a driver will fall asleep at the wheel, which can lead to severe and sometimes fatal accidents.
By choosing to drive while not fully alert, drivers are failing to uphold their duty of care and putting everyone else at risk. If a driver causes an accident due to fatigue, he or she may be held accountable for his or her actions.
You Can File a Lawsuit Against a Drowsy Driver
Texas is a fault state for car accidents, which means that drivers whose actions cause accidents are financially liable for any damages that the victims experience. Victims can recover this compensation by filing a claim against the driver’s insurance or a personal injury lawsuit in civil court.
To prove a personal injury lawsuit, you generally need to prove the following facts:
- The at-fault driver owed you a duty of care.
- The at-fault driver’s actions or lack thereof breached the duty of care.
- The driver’s breach of duty caused your accident.
If you are injured by a drowsy driver, you can establish his or her fatigue as a breach of duty. If the driver had been alert, the accident would not have occurred—thus establishing causation. Evidence such as police reports, witness statements, and traffic camera footage can help you prove these facts and your right to compensation.
What to Do If You Were Injured by a Drowsy Driver
The aftermath of a car accident can be chaotic and overwhelming. However, if you believe you were injured by a drowsy driver, it’s essential to report the accident to the police, seek medical attention, and collect as much evidence as possible.
After you have received medical care, contact a McAllen car accident lawyer. An attorney can guide you through the legal process, help establish the negligence of the drowsy driver, and advocate for the compensation you deserve. Schedule a free case consultation and take your first steps toward justice.