When someone causes an accident in a car they don’t own, they may share liability. However, the vehicle owner’s insurance provider often bears primary responsibility for covering victims’ accident-related losses. If the car owner’s insurance does not provide adequate coverage for your losses, you may then seek compensation from the at-fault driver’s insurance policy.

Insurance rules and laws vary by state. A Seattle car accident lawyer will determine who owes you compensation for medical costs, professional damages, and other accident-related harm.

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Liability for Car Accidents Varies Case-by-Case

Some key considerations when determining if the car owner or driver bears financial responsibility include:

• Whether the car owner gave permission to the at-fault driver to drive their vehicle
• Whether a vehicle-related defect caused the accident (or whether the collision happened because of driver error or another hazard)
• The insurance status of both the car owner and at-fault driver
• The amount of insurance coverage provided by the owner’s and driver’s auto policies
• Whether the car owner was negligent in allowing the driver to use their vehicle

Your attorney will strive to secure fair compensation for your accident-related damages, whether from the driver, vehicle owner, or elsewhere.

Your State’s Insurance Laws Will Govern Your Claim(s)

The state where your car accident happened will govern financial liability.

In Florida, for example, every insured motorist generally seeks compensation from their insurer. Florida is one of the handful of no-fault insurance states where one’s own insurer generally covers some degree of medical costs and property damage, regardless of who causes the collision.

When you hire a car accident lawyer in any state, they will know:

• The insurance rules specific to that state
• What to do if your accident involves an out-of-state motorist
• What to do if your own insurance does not cover your accident-related losses
• How to assess financial liability when the at-fault driver is not the car owner
• Every other insurance-related rule, law, and strategy that is relevant to your case

An experienced attorney will bring a wealth of knowledge to your case. This knowledge may be particularly valuable due to the complicated nature of your accident.

Options for Seeking Compensation After a Car Accident

There are several possible ways to secure compensation after your accident, including:

• Filing a claim with your auto insurance provider
• Filing a claim with the insurer representing the vehicle’s owner
• Filing a claim with the insurer representing the at-fault driver
• Filing a lawsuit against any parties with legal responsibility for your accident-related damages

Car accidents that cause injuries often cost more than the limits of a single auto policy provide for. This may mean your case involves multiple insurance claims and potentially a lawsuit.

Allow your lawyer to develop your case strategy. Their legal knowledge, insurance knowledge, and experience with similar cases will allow them to identify the right course(s) of action for you.

What to Do After Your Car Accident

Chaotic may understate the post-accident experience. You may suffer physical pain, need to sort out financial liability for your accident, and face countless other challenges after the collision, such as contacting your employer. Let a lawyer help you.

Your greatest priorities after your car accident:

1. Finding an experienced lawyer to guide your case: You can find a car accident lawyer whose priority is securing your financial recovery. They will protect you and provide clear advice to guide you through the case ahead.
2. Seeking all the medical care you need: You must get medical attention for injuries and symptoms you experience after your accident. You can be in danger if you do not get a comprehensive physical exam. You may also seek mental health treatment if you are suffering psychologically or emotionally because of the accident.

Florida Statutes § 95.11 generally requires car accident lawyers in Florida to file cases within two years of the accident. Similar statutes exist in most other states. For this reason, it is critical that you not wait any longer to hire your attorney.

If you miss the filing deadline for your case or lose important evidence because you waited to hire a lawyer, the financial consequences of your delay can be significant.

More Tips to Follow After a Car Accident

After your accident, hiring a lawyer and finding a capable doctor are the major priorities.

You should also:

• Keep any medical bills, medical images, and other injury-related documentation
• Maintain a written record of pain, mental health difficulties, and other challenges you face because of your car accident
• Refrain from speaking directly with insurance companies (refer them to your lawyer)
• Lean on advice from your lawyer and doctor

If you have any questions, are unsure how to proceed, or have concerns, speak with your lawyer. They should provide their phone number so you can contact them at any time.

Your Lawyer Will Seek Fair Compensation for All Accident-Related Damages

Your attorney will fight tirelessly for the financial recovery you are entitled to. While each case is unique, car accident victims often experience:

Unexpected Medical Expenses

Medical expenses are always a burden. They can be even more burdensome when they are unexpected (as is the case when car accidents happen).

Your attorney will demand that liable parties cover the cost of:

• Ambulance transport
• Emergency medical services
• Hospitalization
• Medications
• Surgeries
• Medical imaging
• Doctor visits, including specialist appointments
• Cosmetic procedures for scarring and other disfigurement

Every car accident victim has a different injury profile and medical needs. Your attorney will work closely with your doctors to document your medical care and include healthcare costs in your case.

Professional Interruptions (and Related Damages)

If injuries from your car accident interfere with your professional life, your attorney will value your professional damages.

Such damages may include:

• Lost income
• Diminished earning capacity
• Lost chances for performance bonuses
• Ineligibility for promotions

You may risk losing your job, career, and benefits if your injuries are serious. Car accident lawyers can consult employers and economists to help document clients’ professional damages.

Property Expenses

Auto accidents almost always cause property costs, which can include:

• Vehicle repair costs
• The cost of a new vehicle (when a car is totaled)
• The cost of replacing personal items like clothing, cell phones, and items inside the vehicle when the accident happened
• The cost of temporary transportation

Your lawyer will contact your mechanic and any other insightful parties to calculate your property expenses.

Mental Health Treatment Costs

Car accident victims who need medication, therapy, or other mental health treatment can pursue compensation for their care-related expenses. Your lawyer will evaluate your treatment costs and include them in your claim or lawsuit.

Pain and Suffering

Your accident may cause unseen harm, much of which may qualify as pain and suffering.

Your pain and suffering may include:

• Pain from your injuries
• Neurological issues
• Personality and mood changes
• Memory issues
• Post-traumatic stress disorder (PTSD)
• Anxiety
• Depression
• Lost quality of life

Some accident victims face substantial changes they find immensely distressing. Civil courts use damages known as pain and suffering to compensate victims for such harm.

Steps Your Car Accident Lawyer Will Take to Secure Your Financial Recovery

Your legal team will personalize a case strategy built around your accident-related damages. They will fulfill every step of this strategy, checking in periodically while you recover.

You should expect your car accident lawyer to:

Gather Evidence from Your Accident

Evidence can go a long way toward winning a car accident case.

Your attorney will immediately pursue any evidence that benefits your case, which may include:

• Eyewitness testimony detailing how and why the car accident happened
• Video of the accident captured on security cameras, traffic cameras, or other sources
• Any police report detailing facts about the collision
• Photographs of damaged vehicles and other accident-related scenes
• Statements from those involved in the accident

Car accident lawyers have the infrastructure to obtain evidence right away. Your attorney and their investigators will gather all relevant evidence while it is available, but you must hire your legal team before they can do this.

Establish Liability for Your Damages

Your lawyer will determine liability for your accident-related damages based on all the facts about your accident.

Potential defendants in car accident cases include:

• Drivers
• Motor vehicle manufacturers
• Employers whose employees cause a crash
• Municipalities (which are generally responsible for dangerous road conditions)
• Pedestrians who trigger an accident

Your attorney will identify who is liable for your accident. In their case, your lawyer will explain why those parties are liable. They will align all relevant evidence to show why their determination of liability is accurate.

Calculate the Financial Cost of Your Damages

All of your economic and non-economic damages have a specific monetary value. Your lawyer will calculate that value. Once they are certain of your accident-related damages, your attorney will be ready to negotiate a settlement.

Secure Documentation of Your Damages

Your case will include documentation of your accident-related damages, which may include:

• CT scans, X-rays, MRIs, and any other images of your injuries
• Your doctors’ diagnoses of your injuries
• Bills for accident-related medical care
• Invoices for the repair of your vehicle and replacement of other damaged property
• Diagnosis of conditions like anxiety, depression, and PTSD
• Any other evidence of your economic and non-economic damages

If liable parties dispute any of your damages, this documentation will back up your lawyer’s claims.

Negotiate a Settlement on Your Behalf

Car accident victims may get compensation from insurance companies or directly from liable parties. Your attorney will relentlessly pursue a fair settlement, which is how most civil cases conclude.

File Any Necessary Lawsuit for You

Those liable for car accident victims’ damages do not always extend a fair settlement. When this happens, the accident victim’s lawyer can file a lawsuit.

Once your lawyer files a lawsuit, liable parties will have to consider whether they’re willing to risk losing in court. Your attorney can continue negotiating a settlement after filing the suit, and liable parties may finally meet their settlement demands.

Complete a Trial, if Necessary

Your attorney can take your case to court, if necessary. Though the majority of car accident cases settle, your attorney should prepare your case for trial. If liable parties never meet their settlement demands, they will be ready to fight for you in court.

Never Wait Any Longer to Hire Your Car Accident Attorney

Remember that your car accident case will have a strict deadline if you require litigation. Don’t wait to hire your lawyer, as you can face catastrophic financial consequences if you miss the filing deadline.

Consultations are free, so you risk nothing by having a skilled personal injury attorney evaluate your best options and legal rights today.

If a car hits you from behind, the motorist who hit you is likely liable for your accident-related damages. You should seek the compensation you deserve by hiring a car accident lawyer to lead your case. You should also seek medical attention as soon as possible, as this will protect your health and benefit your case.

You may be facing a long road to recovery, and you should do everything you can to promote your healing. Hiring a car accident attorney will spare you from the stress and physical demands of your case and can be a key step in recovering as quickly as possible.

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Let a Lawyer Communicate with Insurers After Your Accident

Dealing with insurance companies is a vital part of the post-accident process.

You should consider hiring a lawyer to oversee your insurance claim because:

• Insurance companies may use bad-faith tactics during your claim, and your lawyer will ensure such tactics do not sink your claim.
• You may need to give recorded statements to insurers, and the slightest slip-up can cost you compensation.
• Your health needs to be the priority after your accident, and dealing with insurers may distract from your recovery.

An experienced car accident lawyer will have dealt with insurers many times. They may be familiar with the specific insurers involved in your case and can handle your claim in an efficient, professional manner.

Essential Steps to Take After Your Car Accident

Now that you know what not to do after your accident, consider the steps you should take after the rear-end collision.

You should:

• Get treatment for all accident-related injuries: You should never wait to see a doctor after an auto accident. You may have physical injuries that require immediate care. You also need to document your injuries in advance of an insurance claim or lawsuit. Seeing a qualified doctor can protect both you and your case.
• Find a lawyer worthy of leading your case: Hiring an experienced car accident attorney should be at the top of your priority list after your collision. The sooner you hire your lawyer, the sooner you can focus on your health without facing the stress of your case.
• Follow your doctors’ and lawyers’ advice: Having qualified doctors and a proven lawyer takes the thought out of your case. Simply follow these individuals’ advice, and you may recover both physically and financially.

If you do your due diligence in finding the right attorney, they will fight for (and possibly secure) the entire financial recovery you are entitled to.

How a Car Accident Lawyer Can Help You

The cost of a car accident can reach six or seven figures, or even more, depending on the severity of the victim’s injuries. You should obtain every dollar you deserve, and your lawyer will do that for you.

Your car accident lawyer will oversee the insurance process and any necessary lawsuit. A lawyer’s duties in motorcycle accident cases include:

Finding the Cause of the Accident

Though rear-end accidents often happen because of driver negligence, other possibilities exist.

Your lawyer will investigate the collision and secure any evidence that helps prove fault, which may include:

• The police report
• Eyewitness accounts of the accident
• Your account of the accident
• Video footage of the collision
• Photographs of the accident scene

Your attorney will bring together all useful evidence to present a convincing case for fault.

Identifying Liable Parties

Those responsible for a rear-end accident can include:

• The motorist who struck your vehicle in the rear
• The manufacturer of a defective vehicle or vehicle component
• A municipality responsible for dangerous roads
• An employer whose employee struck your vehicle

If any party’s actions contributed to your rear-end collision, your attorney will document their negligence.

Documenting and Calculating the Client’s Damages

Your legal team will identify how your rear-end car accident has harmed you.

They will secure documentation of your damages, including:

• Your account of pain and suffering
• A mental health expert’s diagnosis of post-traumatic stress disorder (PTSD) and other types of pain and suffering
• Medical bills
• Invoices for vehicle repairs or the purchase of a new vehicle
• Past income records that show the cost of your lost income

Your attorney will also gather any medical records and images detailing your injuries.

Negotiating with Auto Insurance Companies

Most car accident victims receive compensation through a settlement. Your lawyer will represent you in negotiations with insurers.

Even though an insurance company may know it owes you money, you may face:

• An unjust denial of your claim
• An accusation that you caused the rear-end accident
• Undervaluation of your accident-related losses
• One or more lowball settlement offers
• Contentious settlement negotiations

Insurance companies sometimes handle rear-end accident cases transparently. However, insurers sometimes place their own financial welfare over the accident victim’s.

Whether insurers handle your claim in good faith or not, your lawyer will demand the settlement you deserve.

Filing a Lawsuit on the Client’s Behalf (If They Choose To)

When insurers and other liable parties won’t pay a rear-end accident victim fairly, the victim’s lawyer can file a lawsuit. If your case reaches an impasse where a lawsuit is on the table, your lawyer will discuss it with you.

As the accident victim, you have the power to accept a settlement or let your lawyer pursue a lawsuit. Your attorney will provide honest advice but ultimately defer to you.

Completing a Trial, if Necessary

If you have your lawyer lead a lawsuit and your case goes to trial, your attorney will:

• Explain what lies ahead
• Accompany you to any depositions
• Organize all case-related materials for court
• Make opening and closing arguments
• Question witnesses
• Present and critique evidence
• Oversee every other detail of your court case

While trials generally take longer than settling, the financial reward of a trial can be significant. Your lawyer can advise if going to trial is right for you.

Can I Handle My Own Rear-End Accident Case?

If you don’t hire a qualified car accident lawyer:

• Case demands may overwhelm you: Insurance claims and lawsuits can be rigorous obligations. Between traveling to case-related sites, dealing with insurers, and preparing your case, you may become overwhelmed by the demands of securing a financial recovery.
• You may struggle to fund a successful case: The strength of your case may depend on the financial resources invested in it. A law firm can invest heavily in cases because of their existing resources. Left to pay for your own case, you may struggle to pay for case-related resources like expert testimony.
• Find yourself at the mercy of insurers: When you deal directly with insurers, you face a host of risks. You might make a verbal error that indicates you were at fault for the accident. You might also accept a settlement that proves to be less than you deserve. With a lawyer, you won’t have to deal with insurers.
• Fail to obtain the amount of compensation you deserve: If you do not present a strong case and negotiate effectively, you may not secure the amount of money you deserve from insurers. Such a failure can cause long-term harm to your financial security and quality of life.
• Compromise your health: If you do not focus primarily on your recovery after the accident, your health may suffer. By allowing an attorney to handle your case, you may have more time to rest and seek the treatment you need.

You can avoid all of these risks by hiring a car accident lawyer.

Your Attorney Will Demand Fair Compensation for Your Damages

Your legal team will band together to secure all of the money you deserve.

Your lawyer will consider both economic and non-economic damages, which may include:

• Medical costs, including emergency transport, emergency care, medical imaging, surgery, hospital services, and all other accident-related medical care
• Pain and suffering, including anxiety, depression, post-traumatic stress disorder (PTSD), sleep problems, lost quality of life, scarring and disfigurement, and physical pain
• Property costs, which include the cost of repairing or replacing your vehicle and securing temporary transportation
• Professional damages, including lost income, diminished earning power, lost bonus opportunities, and any other professional harm

If a loved one dies because of injuries suffered in a rear-end collision, an attorney will seek justice for you. When you suffer harm because of another person’s negligence, turn to an experienced car accident lawyer for help.

Can I Afford the Cost of Hiring a Lawyer?

Yes, you can afford a car accident attorney. In general, injury attorneys see the financial stress that clients often face, so they offer a fee structure that works for all parties.

When you hire a car accident lawyer, you:

• Don’t pay any upfront fees or costs to the law firm
• Get total financial support from the firm, which will cover expert fees, filing costs, and other expenses
• Agree that they will receive a percentage of any financial recovery they secure

If the law firm negotiates a settlement or wins a jury award, it will receive fair payment for its services. If the law firm does not obtain the compensation you deserve, it will not charge fees for its services.

This is a no-win, no-fee arrangement that motivates your law firm to obtain all of the compensation you deserve.

Do I Need to Hire My Lawyer Right Away

You should hire your car accident lawyer as soon as possible because:

Your Case Comes with a Strict Filing Deadline

State laws require victims of rear-end accidents to file personal injury lawsuits within a certain period of time. This deadline is known as the statute of limitations, and it is a deadline you cannot miss if your case requires litigation.

If you hire your lawyer as soon as possible, you should avoid missing the filing deadline for your case.

You Must Claim Important Evidence as Soon as Possible

Some forms of evidence can’t wait. Video footage and eyewitness testimony may not be available if you wait to collect them. Because your attorney will be the one gathering evidence, you should hire them as soon as possible so they can secure all important evidence.

Insurance Companies May Be Actively Contacting You

Accident victims almost always interact with insurers. If you hire a lawyer, though, your attorney will deal with insurers.

More specifically, your lawyer will:

• Make any statements the insurance companies require
• Ensure your account of the accident is thorough and complete
• Prevent insurers from pressuring you to accept a lowball settlement
• Pressure the insurance company to move forward with your claim in an efficient manner

The slightest error can compromise your insurance claim. Retain your attorney as soon as possible so they can take control of the claims process.

There Is No Reason to Wait Before Hiring Your Attorney

There is simply no reason to wait before hiring a car accident lawyer. So long as you do your homework to identify a capable attorney, you should not wait to hire your attorney.

There are no financial barriers to hiring a car accident lawyer. You can also complete free consultations as you identify the right law firm to handle your case. Look for a personal injury law firm in Seattle with relevant case results and positive client reviews. Start this process as soon as possible knowing there are time-sensitive aspects of your case.

In today’s busy and hurried world, getting enough sleep may seem unattainable. However, drowsy driving can cause reduced reaction time and impaired judgment, placing other drivers at risk for serious harm. If you’ve been seriously injured by someone who was drowsy driving, contact a car accident lawyer who can help you explore your options. While each case is different, you may be entitled to compensation for medical bills, lost wages, and pain and suffering.

How Driver Fatigue Causes Accidents

Too many drivers underestimate how much a lack of a good night’s sleep affects their ability to drive safely. According to the National Highway Traffic Safety Administration, drowsy driving is the cause of about 91,000 motor vehicle crashes each year. Drowsy driving-related crashes result in about 50,000 injuries annually. Roughly 795 are fatal crashes.

According to the National Sleep Foundation, drivers who go a full 24 hours without sufficient sleep are as impaired as drunk drivers with a 0.10% blood alcohol concentration (BAC) level. With a legal limit of 0.08% in most states, this indicates the very real danger of a long drive with no rest. Driver fatigue and sleep deprivation can cause car accidents in the following ways:

• High speeds: Drifting off to sleep can occur at any speed. However, when a driver falls asleep while driving at a high speed, a resulting car accident can result in serious injuries or death.
• Delayed reaction time: Drivers who fall asleep behind the wheel cannot brake or swerve to avoid objects in front of them.
• Swerving: Drifting off behind the wheel and into another lane places drivers at risk for a head-on collision.
• Overcorrecting: Other drivers may use their horns to alert and awaken a sleeping driver. Startled awake, the driver may then overcorrect or jerk the wheel in reaction to the noise. On a busy highway, sudden movements like this can result in a multi-car crash.

Not all drivers who experience fatigue actually fall asleep behind the wheel. Driving while drowsy places drivers at twice the risk of making performance errors than non-drowsy drivers, even if they stay awake. All it takes to change your life forever is a fatigued driver crashing into you on the road, as you cross the street, or while riding your bicycle.

Common Injuries Caused by Driver Fatigue

Everyone needs sleep to function. When a fatigued driver ignores their body’s need for rest, their collision with you can result in serious injuries. The average vehicle weighs approximately 4,000 pounds, and in a collision, the force of that weight transfers into your car and body. Here are just a few of the common injuries victims suffer when a tired driver crashes into them:

Broken bones

Broken bones are painful and can make performing simple tasks impossible while they heal. A violent crash can result in more than one broken bone, sometimes requiring multiple surgeries and extensive physical therapy. The recovery process is slow and may involve casts or other medical devices to limit your mobility.

Traumatic brain injury (TBI)

A bump, blow, or jolt to the head, or a penetrating head injury, can result in a traumatic brain injury. The Centers for Disease Control (CDC) reports that a TBI can range from mild to severe. The more severe the injury, the worse the impact on basic functions, including:

• Cognitive function: Thinking and memory.
• Motor function: Coordination and balance.
• Sensation: Hearing, vision, taste, and touch.
• Behavior and emotions: Anger and depression.

A loved one with a severe TBI may never again be the person you once knew. Their need for personal and medical care can cost thousands, if not millions, of dollars over their lifetime.

Spinal cord injury

Spinal cord injuries can be especially devastating for victims and their families. Spinal cord injuries are categorized as either complete or incomplete. With a complete injury, there is no movement or sensation below the point of injury. Patients with an incomplete injury experience some sensation and limited movement below the point of injury. The result is generally some form of paralysis, often making a power chair, home modifications, and special transportation essential. Replacing medical equipment, accessible vehicles, and power chairs throughout someone’s lifetime is costly. The estimated cost of a spinal cord injury is in the millions of dollars.

Internal injuries

Even if you feel fine immediately following an accident, accept medical attention. Internal injuries such as internal bleeding or organ damage aren’t easy to detect right away. Only a trained medical professional and hospital tests can determine if you have internal injuries. Never underestimate the impact of a violent collision on your body; seek medical attention right away after a car accident.

Burns

A drowsy truck driver hauling flammable liquids can place you at risk of serious burns. If the cargo tank spills during a rollover or other type of collision, the possibility of fire or an explosion is very real. Burn injuries typically require treatment at a burn center. Depending upon the severity of your burn, you may require plastic surgery and skin grafts. Burn injuries can also result in emotional and psychological trauma due to scarring and limited mobility. Joining a support group can help you recover with the support of other burn victims. A drowsy or fatigued driver can change your life forever. You or your passengers may experience one or more of these serious injuries. The lasting impacts may affect your career and your relationships.

The inability to return to a job you love or to participate in activities you once enjoyed can lead to depression. Drivers who don’t care about the safety of those with whom they share the road are negligent. If you’ve experienced a serious, life-changing accident because of another driver’s choice to get on the road fatigued, discuss your case with a personal injury attorney.

Drivers Most at Risk for Driving Drowsy

Anyone who operates a motor vehicle is at risk for a drowsy-driving crash. Sleep is essential for our daily lives, and a lack of rest is downright dangerous. A few examples of drivers most at risk for falling asleep behind the wheel include:

Commercial drivers – Drivers of commercial vehicles, including tractor-trailers, buses, and tow trucks, often spend long hours on the road. The lack of opportunity to move around and the monotony of the road can lead to driver fatigue. Government regulations limit how many hours a truck driver can drive at one time. Mandatory rest periods only help if the driver can sleep during time off the road. While the average person requires seven to eight hours of sleep per night to function fully, most truck drivers average less than five hours per night.

Drivers who work a night shift – Adjusting to different work schedules can interrupt a person’s normal sleep habits. For drivers who have difficulty sleeping during the day, the end of a night shift generally leaves them exhausted. A commute home can turn deadly if a driver drifts off to sleep and into the opposite lane.

Drivers with undiagnosed or untreated sleep disorders – Many drivers get behind the wheel unaware they have an undiagnosed sleep disorder. Problems such as obstructive sleep apnea, insomnia, and narcolepsy impede healthy sleep and increase the risk of daytime sleepiness.

Narcolepsy – This sleep disorder is especially dangerous due to so-called “sleep attacks,” which cause people to fall asleep quickly during routine tasks. People with narcolepsy have a hard time staying awake during the day whether or not they get adequate sleep at night.

Drivers taking medications that make them sleepy – Certain prescription medications and over-the-counter medications, including some sleep medicine, come with warning labels about driving while taking the medication. Many drivers ignore these warnings, thinking a cup of coffee can help them to stay alert. Risking a drive to the store or work while drowsy from medication is reckless behavior.

Drunk drivers – Along with impairing a driver’s ability to operate their vehicle, alcohol also magnifies the effects of drowsiness. A drowsy, drunk driver is even more impaired and can easily fall asleep, increasing the risk that they will cause a crash.

Any driver who chooses to delay rest for any reason is a danger behind the wheel. No amount of caffeine, loud music, or fresh air can keep a drowsy driver awake or alert enough to be safe behind the wheel.

Drowsy Driving Is Dangerous

Everyone gets tired at some point during the day. When a driver knows they are driving drowsy but chooses to get behind the wheel anyway, that’s reckless behavior. Trying to trick themselves into staying awake while trying to pay attention to the road is an extremely bad idea since the body can only fight sleep for so long.

When a driver does fall asleep at the wheel, they rarely remember what happened. For this reason, law enforcement often has a difficult time listing fatigue as an accident’s primary cause. Unless the driver admits to feeling drowsy before the crash, chances are fatigue won’t make it into the accident report.

The true number of accidents involving drowsy and fatigued drivers may never be known. A study by the AAA Foundation for Traffic Safety estimates that 328,000 drowsy driving crashes occur each year— more than three times the police-reported number. The study also found that 109,000 of those crashes resulted in injury and more than 6,000 resulted in fatalities. Researchers associated with the study estimate that fatalities from drowsy driving crashes are 350 percent greater than reported.

The CDC recently shared a survey of approximately 150,000 adults in 19 states and the District of Columbia, which found the following:

• 4 percent admitted to having fallen asleep while behind the wheel at least once in the past 30 days.
• Individuals who slept less than 6 hours a day or individuals who snored were more likely to report falling asleep at the wheel.

New technologies aim to reduce accidents caused by driver fatigue. A drowsiness alert system gauges how many times a driver departs from the center of their lane over a period of time. The system uses a variety of warning signs to alert drivers, including seat vibrations, audio alerts, and dashboard visuals to remind you to take a break. Until this new technology is available in all vehicles, tired drivers remain a risk to others.

How a Car Accident Attorney Can Help

A drowsy driver can crash into you at any time—when you are walking, riding a bicycle or motorcycle, or driving to work. Your injuries can cause you and your loved ones physical, emotional, and financial stress. A car accident lawyer can help.

The personal injury attorneys at Boohoff Law offer a free case evaluation. Upon reviewing relevant evidence, our experienced auto accident attorney can describe your best options for moving forward.

A Car Accident Lawyer Can Help You Fight the Insurance Company

Representatives from insurance companies may offer you a settlement soon after the accident. An offer from your insurance company may seem like a lot of money, but it is most likely less than you deserve. Insurance companies look out for themselves and not for victims. Ensure that you can attend to your future medical needs by not speaking with insurance representatives yourself and contacting an attorney instead.

Your lawyer will take charge of acquiring all relevant evidence to support your personal injury claim, such as medical records, police reports, and witness statements. Placing your case in the capable hands of an auto accident lawyer can reduce the stress of a car accident claim. Personal injury lawyers are trained to conduct negotiations with insurance companies on your behalf so that you can concentrate on your health.

The Representation You Deserve

Don’t settle for less than you deserve. If you’ve been seriously injured due to no fault of your own and you want justice, consider securing the services of a personal injury attorney adept at handling car accident claims. Having the right legal representation on your side can make all the difference for your financial future.

If you or a family member has been injured in a car accident with a drowsy driver, time is of the essence. The sooner you schedule a free evaluation with a car accident attorney, the better for your case. Contact one of our experienced car accident lawyers today.

Call (877) 999-9999 or email Boohoff Law today – available 24/7

If you file an insurance claim or personal injury lawsuit after a car accident, the right evidence can make a big difference in the outcome of your case. Here’s what you should know about the types of evidence that could support your car accident claim and potentially lead to a better outcome. If you have been victim of car accident, reach out to an experienced car accident lawyer for legal support and guidance.

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Eyewitness Statements

Eyewitness statements are accounts from people who saw the accident happen. These statements could support your claim by offering an outside perspective on the crash and the events that led to it. Eyewitnesses can confirm critical details like weather conditions, traffic signals, and the actions of the drivers in the crash.

If an eyewitness says the other driver was driving erratically or was not paying attention, it could help you demonstrate that they were at fault. An eyewitness’s independent version of events is often powerful because they have no personal stake in the outcome of your claim.

Photographs

Photographs serve as visual proof of the accident scene, vehicle damage, and any visible injuries you suffered. They can show the relative positions of each vehicle after the crash, skid marks on the road, and the conditions of the surroundings.

They can also illustrate the extent of vehicle damage and disprove any false claims by the other driver about how the accident happened. And photos of your injuries can provide clear evidence of the harm you suffered due to the crash.

Video Footage

Video footage from surveillance cameras, dash cams, or traffic cameras can capture the actual moment of the crash. It provides a real-time record of the events leading up to, during, and after the accident. This type of evidence is hard to argue against because it shows exactly what happened.

If video footage shows the other driver running a red light or hitting your car from behind, you will have a much easier time establishing fault. Video evidence is highly persuasive in the eyes of insurance adjusters and jurors, as it allows them to see the accident themselves rather than relying on written or spoken descriptions.

Medical Records and Bills

Medical records and bills provide concrete evidence of the injuries you suffered from the car accident and the treatment you needed as a result.

Your medical records show your doctors’ diagnoses, the types of injuries you have, and the medical care you received. This includes visits to the emergency room, treatments from specialists, physical therapy sessions, and intensive procedures like surgeries.

Copies of your medical bills show how much all of this medical care cost you. This evidence is necessary because it shows the financial consequences the accident has had on your life. Insurance companies and courts use medical records and bills to understand the severity of your injuries and decide how much money you are due.

Proof of Lost Income

Proof of lost income allows you to show how the car accident has affected your ability to work and earn a living. This evidence can include pay stubs, invoices, letters from your employer, bank statements, and tax returns.

You can use it to prove that you missed work because of your injuries and show how much money you would have made if you had not been hurt.

If you were in a serious accident, you might be unable to return to work or earn the same amount of money as before the accident. In that case, this category of evidence could also include expert assessments of your lost earning potential.

With this type of evidence, you could claim compensation for the money you will not be able to earn during your lifetime as a result of the accident.

Expert Witness Testimony

Expert witness testimony comes from professionals who can explain complex aspects of your case to an insurance adjuster, judge, or jury. In car accident cases, expert witnesses often include doctors, accident reconstruction specialists, and mechanical engineers.

A doctor can talk about your injuries and how they will affect you for the rest of your life. An accident reconstruction specialist can explain how the accident happened and who was at fault.

This testimony makes complex information clearer and supports your claim by providing expert opinions on the key issues in your case. They also add credibility to your claim because they come from reliable individuals with specialized knowledge.

Cell Phone Records

Cell phone records can show whether the other driver was talking, texting, or using apps on their phone at the time of the accident. If the records show calls, texts, or data use from right before the crash, it could indicate distracted driving.

If you have evidence showing that the other driver was not paying full attention to the road at the time of the accident, it could allow you to prove liability. Cell phone records help if no witnesses or video footage shows what the other driver did. They provide timestamped records that investigators can match with the time of the accident to establish fault.

GPS Data

GPS data can show the location, speed, and route of a vehicle before and during a car accident. This data can prove where your car and the other driver’s car were at the time of the crash. It can also show whether either car was speeding.

If GPS data show the other driver was speeding or made a sudden turn before the crash, it could support your claim that they were at fault. This objective evidence comes from facts not subject to someone’s opinions or feelings. As a result, it helps in many accident claims.

Event Data Recorder (EDR) or “Black Box” Information

An event data recorder or black box records information about a vehicle’s operation in the moments before, during, and after a crash. These devices are common in commercial vehicles, but some private vehicles have them, too.

EDR data can show the speed of the vehicle, brake application, force of impact, and whether the passengers were wearing seat belts.

Information from an EDR makes it easier to reconstruct an accident and show what each driver was doing right before the collision.

If the other driver’s vehicle’s black box shows they did not brake or were speeding right before the collision, it could support your claim that they were responsible. Insurers and courts see this evidence as reliable because it comes directly from the vehicles that crashed.

Toxicology Test Results

Toxicology test results can show if the other driver was under the influence of alcohol or drugs at the time of the accident. If the tests come back positive and at or over the legal limit, you could use the results as proof that the other driver was driving while impaired.

Positive toxicology test results can provide strong evidence of fault, as driving under the influence is against the law and considerably increases the risk of causing an accident. This kind of evidence is difficult to dispute and could lend significant support to your claim that the other driver was responsible for the crash.

Vehicle Maintenance Records

Vehicle maintenance records can show whether a car was in good working order before the wreck or if it had problems that could have contributed to the accident.

For example, let’s say the other driver’s car had worn brake pads, and they could not stop in time to avoid a rear-end crash. In that case, maintenance records could prove they were negligent in maintaining their vehicle.

Thorough maintenance records can show a complete history of a car’s upkeep and whether any mechanical issues might have played a role in the accident. If the other driver ignored necessary repairs, it helps your claim by showing they were careless in looking after their vehicle’s safety as the law requires.

Vehicle Damage Reports

Vehicle damage reports detail the condition of a car after an accident. These reports come from mechanics or insurance adjusters who inspect the damage. They can show the point of impact on your car, the severity of the crash, and any internal damage not visible at first glance.

Investigators use these reports to determine how an accident happened. For example, if a report shows the back of your car has significant damage, it could support your claim that another car hit you from behind.

This evidence can also show insurance companies and courts that your car sustained damage because of the accident in question, not a previous incident.

Skidmark Analysis Results

Skidmark analysis involves looking at the marks tires leave on the road when they skid, which is a common occurrence in traffic collisions. Experts analyze these marks to figure out things like how fast the cars were going and the movements they made before the crash.

For instance, if skid marks show that the other driver braked suddenly or swerved, it could suggest that they were not paying attention and only reacted at the last second. This type of analysis allows investigators to recreate the scene and could support your claim by providing more information about how the wreck occurred.

Accident Reconstruction Diagrams

Accident reconstruction diagrams are drawings that show how a crash happened. Crash reconstruction specialists create these diagrams using evidence from the accident scene, such as photos of the positions of cars, debris, and skid marks.

A quality accident reconstruction diagram can show the directions the cars were traveling, where and how they collided, and where they ended up after the crash. Lawyers frequently use these diagrams to explain accident details clearly to insurance companies or in court.

Weather and Traffic Reports From the Accident Date

Weather and traffic reports from the date of the accident can provide important context for the crash. They can show if the weather was bad enough to be dangerous, like whether there was heavy rain, snow, or fog. They can also indicate whether heavy traffic or road closures were a factor.

These reports illustrate the conditions you were driving in, painting a more vivid picture of what happened. For example, let’s say the reports show it was raining hard when the collision occurred. In that case, this type of evidence can support your claim that the other driver was going too fast for the wet road conditions.

Traffic Citations Related to the Accident

Traffic citations are tickets that police issue to drivers who break traffic laws. If the other driver received a traffic citation related to the accident, it could serve as useful evidence that they did something illegal while driving.

For example, if they got a ticket for running a red light and hitting your car, a citation could support the argument that they were at fault for the accident.

Insurance companies and courts often consider traffic citations when deciding who is responsible for an accident. Proof of a traffic citation against the other driver could make it easier to claim that they should pay for the harm you suffered.

Why You Need a Lawyer Even if the Evidence Is in Your Favor

Pursuing an accident claim requires more than just strong evidence. You also need to understand how to present that evidence effectively and demand a fair value for your claim. This is where a personal injury lawyer can make all the difference.

Attorneys know how to use the available evidence to build a strong case and persuade insurance adjusters, judges, and juries. Lawyers can also anticipate and counter the tactics that defendants might use to dispute your claim.

Even if the evidence is in your favor, the complexity of the insurance claims process, the legal system, and state laws require a professional approach. Without the right lawyer on your side, you might settle for less than you deserve or overlook important legal strategies that could improve your case’s outcome.

Maybe you crashed when you hit a deep pothole, slid on ice, or swerved to avoid fallen branches, and it’s not exactly obvious who you can hold at fault. Regardless of the nature of the road hazard, you may wonder who should pay for your medical bills or car repairs – and the answer might surprise you.

If you have been injured in a road hazard car accident, reach out to an experienced car accident lawyer to ensure your rights are protected and to pursue the compensation you deserve.

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Common Examples of Road Hazards

When we think of the factors that contribute to traffic collisions, driver behaviors are usually top of mind. However, the condition of the road itself is a key factor in many crash scenarios.

Here are some common examples of road hazards that contribute to motor vehicle accidents:

• Potholes: Potholes present a significant risk to motorists because they can cause drivers to lose control of their vehicles. When wheels hit these cavities in the road, the impact can puncture tires, ruin wheel alignment, or cause severe damage to a vehicle’s suspension.
• Uneven Road Surfaces: Uneven road surfaces, even without significant potholes, can also make driving hazardous. Non-level roads can lead to loss of vehicle control, particularly at higher speeds. Motorcyclists are particularly at risk for this road hazard.
• Loose Gravel: Loose gravel on roads can cause a vehicle’s tires to lose traction, leading to skidding or an inability to brake effectively. Motorcycles and bicycles can lose stability and crash due to slipping or skidding on loose gravel.
• Oil Spills: Oil spills create slick surfaces that drastically reduce tire traction and can cause vehicles to slide uncontrollably. Quick maneuvers on roads with oil slicks often lead to preventable loss-of-control accidents.
• Ice Patches: Ice patches are treacherous because they can cause vehicles to skid out of control. These hazards are most common in cold climates and can occur even when local authorities treat roads with salt or sand.
• Standing Water: Standing water on roadways can lead to hydroplaning, where a layer of water builds between the tires and the road surface. Hydroplaning can lead to a loss of traction and subsequent accidents.
• Fallen Tree Branches: Fallen tree branches are serious hazards, especially when they are large and obstruct parts of the roadway. Drivers might swerve unexpectedly to avoid fallen branches or even collide with them, possibly causing traffic obstructions and secondary collisions.
• Inadequate Road Signage: Inadequate road signage can lead to confusion or misinformed decisions by drivers. Missing or unclear signs can leave drivers unaware of upcoming road conditions or regulations, potentially leading to dangerous accidents.
• Malfunctioning Traffic Signals: Malfunctioning traffic signals can cause dangerous confusion at intersections. Without clear signals, drivers might not know when to stop, go, or yield, which can result in close encounters and preventable crashes with intersecting traffic.
• Construction Zones: Road construction zones often require altered traffic patterns and lower speed limits, and drivers must be cautious in these high-risk areas. Accidents can occur if inattentive drivers fail to follow temporary signs or directions.
• Sun Glare: Sun glare can temporarily blind drivers, making it difficult to see other vehicles, traffic signals, pedestrians, or the road ahead. This can cause drivers to miss traffic signals or stop unexpectedly, increasing the risk of rear-end collisions.
• Sinkholes: Sinkholes can appear suddenly in rainy areas, creating large, dangerous openings in the road surface. They can cause significant damage to vehicles and can even lead to accidents if drivers swerve to avoid them or the road collapses under a vehicle.
• Wet Leaves: Wet leaves can create dangerously slippery surfaces on roadways. Similar to ice, wet leaves reduce tire traction and cause vehicles to skid. This is particularly hazardous when leaves cover road markings or potholes, hiding potential dangers.
• Snow and Slush Build-up: Snow and slush can accumulate on roadways, making it difficult for drivers to control their vehicles and brake properly. This type of build-up can also obscure road markings and make it harder for drivers to maintain proper lane positioning.
• Inadequate Street Lighting: Inadequate street lighting can contribute to accidents by reducing visibility at night or during poor weather conditions. This makes it harder for drivers to see road hazards.
• Broken or Missing Manhole Covers: A broken or missing manhole cover presents a direct hazard to vehicles. This type of hazard can cause tire or wheel damage and poses a significant risk to two-wheeled vehicles that can get caught in the openings.
• Eroded Road Shoulders: Eroded road shoulders can create extremely dangerous drop-offs if drivers veer off the road. The resulting uneven surfaces can also lead to loss of vehicle control or rollover accidents.

Driver Responsibilities When Road Hazards Are Present

In the United States, traffic laws and regulations can vary significantly from state to state. However, some principles and laws regarding driver responsibility in the presence of road hazards are largely consistent across jurisdictions. Here are some key examples:

Duty to Exercise Reasonable Care

Drivers have a legal obligation to operate their vehicles with reasonable care at all times. This broad duty encompasses a range of behaviors, including watching for potential road hazards and being ready to respond appropriately.

Reasonable care also means driving defensively, noticing your surroundings, and anticipating the actions of other drivers. This responsibility increases in hazardous driving conditions, such as inclement weather.

Speed Adjustments

In addition to following posted speed limits, drivers must constantly adjust their speeds based on the current road, traffic, and weather conditions. This could mean driving significantly below the posted speed limit during heavy rain, fog, or snow or near areas of road construction.

It also includes slowing down in areas with road hazards, such as sharp bends or traffic intersections. This allows more time to react to unforeseen hazards and reduces the severity of any impacts.

Safe Following Distance

Maintaining an adequate following distance allows a safe margin for stopping in emergencies and reduces the risk of rear-end collisions.

Most states have traffic laws that require drivers to keep safe following distances at all times, including when road hazards are present. If drivers fail to adjust their following distance and cause accidents, they could be liable, even if road hazards were a factor.

Use of Headlights

Headlights make a vehicle more visible to others and can significantly reduce the risk of accidents. This is particularly important during times of low visibility, such as during dawn, dusk, or severe weather. Many states require drivers to use their headlights from sunset to sunrise, during rain, fog, or snow, and in other low-visibility scenarios.

Work Zone Laws

Driving through work zones requires special attention and adherence to specific laws that aim to protect motorists and workers alike. These zones often have reduced speed limits, flaggers, and temporary signs guiding traffic flow. Drivers must be extra cautious in work zones, looking out for workers, machinery, and potential changes in traffic patterns.

Unsecured Loads

Drivers who transport items in their vehicles are legally responsible for securely fastening their loads. Most states have cargo securement laws that apply to both commercial and private drivers.

Securement must be appropriate for the type of cargo and capable of withstanding forces from acceleration, deceleration, and turns. If objects fall from any vehicle and create road hazards or cause accidents, drivers can be liable for any resulting damages.

Chains and Snow Tires

In regions with severe winter weather, these laws require the use of tire chains or snow tires during certain conditions. This type of equipment helps vehicles maintain traction on roads covered with snow and ice, reducing the risk of accidents.

When chain laws govern a particular area, road signs will typically inform drivers of the requirements.

Government Liability for Road Maintenance and Hazards

In some road hazard accident cases, government entities are liable, particularly when the condition of a public road is a primary contributing factor to an incident. Liability typically rests on whether the government entity responsible for maintaining a road neglected its duty to ensure the road’s safety.

You can hold any of the following government entities liable for a preventable road hazard accident:

• Municipal Governments: Local entities must maintain city streets and smaller roads within their jurisdictions. If a municipal government fails to address known hazards or does not perform adequate maintenance, you can hold it liable for accidents.
• County Governments: County governments oversee a broader range of local roads that often fall outside of municipal boundaries. They are responsible for regular upkeep and could be liable for hazard-related crashes.
• State Governments: State departments of transportation manage state highways and interstates. If a road hazard on these roads results from poor maintenance or design and leads to an accident, the state could be liable.
• Federal Government: While less common, some roads are the responsibility of the federal government, such as those in national parks. If a preventable hazard causes an accident on federal land, the U.S. government could be liable.

Bringing a claim against a government entity is a complex procedure fraught with numerous administrative hurdles. If you know or suspect you have a government liability claim, consult a lawyer with experience in personal injury and government claims to guide you through the process.

Evidence in a Road Hazard Accident Case

To establish liability in a road hazard accident claim, your lawyer can identify and gather numerous types of evidence to construct a compelling case. This evidence must illustrate not only the presence of the hazard but also the responsible party’s negligence in failing to address or respond to it appropriately.

Common types of evidence in road hazard accident cases include the following:

• Accident scene photographs
• Surveillance or traffic camera footage
• Police accident reports
• Previous accident reports from the same location
• Eyewitness statements
• Expert witness testimony
• Road maintenance records
• Weather reports for the day of the accident
• Vehicle damage reports
• Cell phone and GPS records
• Skidmark analysis reports
• Traffic signal timing data
• Road design plans
• Construction zone permits and plans
• State and municipal transportation regulations
• Road hazard warning signs or lack thereof
• Commercial cargo logs and securement information
• Maintenance records for traffic lights or signage

How a Road Hazard Accident Lawyer Can Help

In the aftermath of a road hazard accident, having a proficient lawyer can make a significant difference in the outcome of your claim.

Here are just a few of the ways a knowledgeable personal injury attorney could help you:

• Investigating the accident to identify contributing factors like road hazards
• Gathering and preserving useful evidence
• Identifying all potential sources of liability and compensation
• Consulting with accident reconstruction specialists and other experts
• Reviewing traffic and surveillance camera footage
• Interviewing eyewitnesses who saw the collision occur
• Analyzing medical records to assess injury claims
• Communicating with other parties and their insurers on your behalf
• Drafting and filing a detailed complaint outlining your claim
• Negotiating with insurance companies for fair settlements
• Reviewing settlement offers to ensure they are fair and comprehensive
• Taking your case to court if legal action is necessary
• Filing all necessary court documents within legal deadlines
• Representing you in court proceedings
• Challenging evidence from opposing parties