Are There Special Challenges to Pursuing a Personal Injury Lawsuit Caused by a Sleepy Driver?


January 15, 2014

Those involved in car accidents do not generally admit to engaging in unsafe driving behaviors because they have concerns about criminal and civil liability.  The key to proving liability will be to establish examples of unsafe driving behavior or motor vehicle violations.  While many times the law enforcement accident report will assign liability and indicate the driving error or omission that caused the crash, these conclusions can be disputed.  If the law enforcement report indicates that the other driver caused the collision, you can be fairly sure that the insurance company for the other driver will frequently not simply accept this conclusion.  Like the insurance company for the other driver, our experienced Georgia car accident lawyers typically conduct an independent investigation so that we can build a persuasive case for the liability of our clients.

Although a police report that assigns fault to the other driver or a ticket for a traffic safety violation that is issued to the other driver is helpful, this does not mean that you do not need a zealous personal injury attorney advocating for your right to financial compensation.  The insurance company may even use experts to contest the officer’s interpretation of the physical evidence and witness statements.  The carrier may claim that a traffic violation was not the cause of the accident or contend that some action taken by the personal injury victim was a significant or even sole cause of the collision.

Does fatigued driving constitute a greater risk than driving while texting or driving while impaired by drugs or alcohol?

The argument can certainly be made that drowsy driving is a more troubling problem to solve than stopping people from using a cell phone when driving or stopping people from driving while intoxicated.  The substance impaired driving and text messaging problems can be impacted dramatically by creating sufficient enough incentives or penalties for drivers to abstain from this type of hazardous driving conduct.  However, the choice to drive to work or take one’s kids to school cannot be eliminated by simply imposing penalties and incentives to influence behavior.  People only have so many hours in the day to accomplish necessary tasks so they fit sleep in according to available time.  Because many people simply do not have the luxury of choosing to get more sleep, the public safety risks posed by sleepy drivers are more difficult to correct than other behaviors that simply require making the cost of disregarding the law too high for drivers to take the risk.  And it can be very difficult to prove that someone was driving without sufficient sleep.

If you or a family member suffers injury or you lose a loved one because of a fatigued driver, an experienced Atlanta car accident attorney at Montlick and Associates is available to provide effective legal representation to those throughout all of Georgia and the Southeast, including all smaller cities and rural areas in the state. 

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333).  You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.