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Can I Prove the Texas Driver Who Hit Me Was Dozing Off Behind the Wheel?

PUBLISHED ON: October 15, 2021    LAST MODIFIED ON: November 14, 2022

At the Nava Law Group, our car accident attorneys in Houston know that most people — but certainly not all, based on the annual national drunk driving statistics — would never consider getting behind the wheel if they had too much to drink.

But, for some reason, the same seemingly responsible Texas residents do not give driving on little to no sleep a second thought.

The reality is, drowsy driving shares some of the same cognitive impairment factors as drunk driving, including the driver being less alert while their coordination, judgment, and reaction time are negatively affected, according to the Centers for Disease Control.

While drowsy driving is difficult to quantify, it is estimated that over 90,000 police-reported crashes throughout the country are caused by drowsy drivers, according to the National Highway Traffic Safety Administration. During those crashes, an estimated 800 people lose their lives, and another 50,000 are injured.

The broad agreement across the sleep science, traffic safety, and public health communities is that drowsy driving collisions are widely underestimated.

Why? Because they are difficult to prove. It is impossible to gauge how much sleep someone has had when an accident occurs. It is possible, however, to piece together why the accident occurred, including any form of negligence.

Here is how.

Investigate What the Negligent Driver’s Car Can Tell Us

Cars, trucks, and SUVs contain significant artificial intelligence — including those used by insurance companies, cellphone apps, and other onboard features — that can paint a picture of the vehicle’s operation before and during the accident.

Significant swerving, leaving the road, and other drowsy driving behaviors may be recorded within that intelligence.

Collect Dash Cam Videos and Local Surveillance Footage

Many drivers have a dash or rear-facing camera running while they are operating their vehicles that can provide exceptional video of what happened before and during the crash. Whether it was your vehicle, the at-fault driver’s vehicle, or a third-party who has a dashcam or surveillance video from the crash, it can be very useful evidence in your personal injury case.

Record Any Eyewitness Testimony and Contact Information

When other drivers witness an accident, most stop and provide a statement of what they saw. If this happens after your collision, take down their names and contact information, so they can be reached for further testimony later.

Responding law enforcement will also add these individuals to the police report for further contact, assuming they stay at the scene until an officer arrives.

Partner with an Experienced Houston Car Accident Attorney to Enhance Your Case

At the Nava Law Group, our skilled car accident attorneys in Houston are more than a law firm with experienced lawyers and support staff who are ready to serve our clients’ complete needs.

We are an organization with access to skilled investigative resources, research analysts, medical experts, and accident reconstruction and engineering professionals who can build your case for success from start to finish, so you can focus on your physical and emotional recovery while we handle the legal and financial details.

If you have been hurt or lost a loved one in a vehicle collision in Texas, contact our experienced Harris County personal injury lawyers at the Nava Law Group today by calling (713) 218-2400 to discuss the details of your injuries or loss to learn how we can help investigate your case during a free consultation.

 

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