3 FAQs About Taking Action Against a Drowsy Driver

January 26, 2023
motorist yawning in traffic

Most people don’t realize drowsy driving can be just as dangerous as drunk driving. Those who would never even think about getting behind the wheel while under the influence of alcohol may still drive from time to time while they’re fatigued.

Unfortunately, since sleep deprivation affects everything from judgement to reaction time, doing so puts everyone around them at risk. Indeed, if you were struck by a drowsy driver, you’re probably wondering if your life will ever be the same.

While filing a personal injury claim won’t restore your health, it could provide the funds needed to help you pick up the pieces in the aftermath. This, in turn, will allow you to achieve some sense of normalcy and continue taking care of your family despite the accident.

Wondering what taking action against a drowsy driver entails? Read on for the answers to some FAQs on the process:

1. How Can You Prove the Driver Who Struck You Was Drowsy?

When putting together your claim, the most compelling evidence of fault will probably include some combination of the following:

  • Black box data,
  • Dash camera footage,
  • Eyewitness testimony,
  • The official police report,
  • Social media posts,
  • Toll booth or gas station receipts,
  • GPS data, and
  • Photographs of the wreckage.

2. What Kinds of Damages Are Drowsy Drivers Responsible for?

Car accident victims can seek compensation for virtually all the losses they wouldn’t have incurred had the at-fault party not been negligent. Such losses include medical expenses, missed wages, and the cost of reasonably necessary replacement services.

South Carolina also allows injured parties to seek compensation for their non-economic damages like pain and suffering, anxiety, depression, and loss of enjoyment in life. Since these damages are intangible, however, demonstrating their extent can pose a challenge. Thankfully, a creative personal injury attorney should be able to help.

3. How Long Do You Have to Sue a Drowsy Driver?

If you’re able to put together a strong case, there’s a good chance your claim will be settled. In the event that a dispute arises, however, and you’re unable to negotiate for what you deserve, you may have no choice but to bring the drowsy driver to court.

In South Carolina, car accident victims usually have three years from the date on which they were hurt to file a formal lawsuit. There are a host of exceptions, however, that can shorten or extend this deadline, so it’s advisable to consult an attorney as soon as possible after the wreck. At the end of the day, you might have considerably less time than you realize.

Speak with a South Carolina Car Accident Attorney

At Hodge & Langley Law Firm, we know how devastating car accident injuries can be. If you were struck by a drowsy driver and you don’t know how you’re ever going to regain your financial footing, let us help.

After evaluating the situation from all angles, we’ll explain your legal options. Call 864-585-3873 or submit our Contact Form to schedule a free initial consultation with a car accident lawyer in South Carolina.



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