One of the top causes of vehicle collisions are tired drivers who fall asleep at the wheel or exhibit carelessness caused by their fatigue. Sleepy drivers are more likely to make mistakes and ignore safety precautions, contributing to accidents and the injury of other drivers.
Proving the cause of a car accident is an important step of determining which driver is at fault for the collision, and then, recovering compensation for the victims. Driver fatigue is one of the more difficult car accidents causes to prove — unlike in cases of driving under the influence or distracted driving, there is no test or document that can show that a driver was tired at the time of an accident. There are some other ways driver fatigue may be able to be proven in a car accident case.
Is it Possible to Prove Drowsiness as the Cause of a Vehicle Collision?
Witness testimony is one way to prove that driver fatigue contributed to an accident. Unfortunately, direct witnesses to the collision are not always available. An alternative strategy could be establishing evidence that the driver was awake for an extended period of time, through witness testimony or with evidence of purchases, phone records, social media posts, and more.
Proving Driver Fatigue in a Truck Accident
In accidents that involve a commercial vehicle, citing fatigue as the cause of the collision is simpler because of mandatory “Hours of Service” records. The Federal Motor Carrier Safety Administration established limits on driving times for truckers, and commercial drivers are required to keep a record of their time spent working. Any hour violations that are discovered following an accident could be used as evidence to prove driver fatigue, and fault.
The state of Oklahoma follows at-fault negligence laws, meaning a plaintiff must prove that the other party was responsible for an accident if they want to recover compensation. Contact the Law Offices of Dan Davis to discuss how we can help build your case.
Call (405) 531-9983 or use our contact form to schedule a free consultation with our skilled attorneys.