Drowsy driving is frighteningly common and causes thousands of crashes every year. It’s difficult to prove that the other driver was asleep at the wheel, however, making it critical to work with a Miami drowsy driving car accident lawyer.
Fatigued driving can be dangerous. In fact, it is just as dangerous as drunk driving according to several studies. However, unlike drunk driving, there is no clear test to determine if a driver was sleeping while behind the wheel.
This makes it even more important to hire a Miami car accident lawyer from Lavent Law to investigate what caused your car accident and represent you during negotiations and in court.
Proving Driver Fatigue
If you think the other driver was fatigued, schedule an appointment to speak with our firm so that an investigation can get started. The police are unlikely to investigate whether someone was tired simply because being sleepy in and of itself is not a crime.
That doesn’t mean that they aren’t responsible for the accident, only that the police would not be looking to press charges. That said, you need to rely on a private investigation rather than a police-orchestrated one.
Proving fatigued driving may include all of the following elements:
- Interviewing witnesses who might have seen the driver nodding off or asleep at the wheel.
- Conducting depositions to ask if the driver was exhausted or tired at the time of the crash, when he or she last slept, if a long shift had just ended, and similar questions.
- Reviewing any pictures or video footage of the accident.
Conducting Depositions to Get to the Truth
Since proving drowsy driving requires gathering evidence, there is no better witness than the other driver. The problem is that he or she is unlikely to admit fault. This is where hiring a Miami drowsy driving car accident lawyer to conduct depositions becomes helpful.
Depositions allow for detailed questions to be asked while under oath. These questions can paint a picture of what happened prior to the accident. For example, if the driver had just gotten off a double shift, it would be easy to assume that some level of fatigue was present. If the driver had a cold, cold medicine could easily have resulted in drowsiness.
You can’t get this background information without a lawyer, making hiring one a wise decision.
Your Case Could Be Worth More
The other party is likely to be insured, and their insurance company may approach you to try and settle the case quickly. Be careful not to settle prematurely since the offer is likely to be lower than you deserve. It’s a common practice to make a lowball settlement offer, but you don’t want to accept it without having an attorney look over it first.
Your final settlement amount should include compensation for all of the financial expenses and non-economic damages suffered in the crash:
- Medical bills
- Lost wages
- Pain and suffering
- Transportation costs
- Caregiver expenses
- Lost enjoyment of life
Speak with a Miami Fatigued Driving Car Crash Lawyer
Proving that someone caused your accident due to drowsy driving can be difficult. This is why you need an attorney on your side. For help, schedule a free consultation using the form below or call (305) 440-0450 to speak with Lavent Law.