What Happens if You’re Hit by a Driver Who Fell Asleep at the Wheel?

If you were hit by a driver who fell asleep at the wheel, you may be entitled to recover financial compensation for your injuries and losses. Drowsy driving is a form of negligence, meaning the at-fault driver failed to meet the standard of care expected on the road. When a driver falls asleep at the wheel, their negligence causes a crash. Victims can pursue a personal injury claim to recover damages such as medical expenses, lost income, and property damage.

When situations like these arise, having experienced legal representation makes a significant difference in the outcome of your case. For over 55 years, the lawyers at Knowles Law Firm have helped injured Nebraskans pursue justice after serious car accidents, and we have a track record of obtaining multi-million dollar settlements on behalf of our clients.

Why Drowsy Driving Is Considered Negligence

All drivers have a legal duty to operate their vehicles safely. Choosing to drive while fatigued, despite knowing how risky it is, breaches that duty. According to the National Highway Traffic Safety Administration, drowsy driving is responsible for thousands of serious injuries and fatalities on U.S. roads each year. When a drowsy driver causes a crash, their failure to exercise reasonable care forms the foundation of a negligence claim.

Proving a Driver Fell Asleep

One of the challenges in these cases is establishing that fatigue was the cause of the crash. Evidence used to support this claim can include police reports noting the driver’s condition at the scene, witness statements, vehicle data showing no pre-impact braking, the driver’s own admissions of being tired, and records such as work schedules or travel logs that demonstrate the driver had been awake for an extended period of time. A thorough investigation is needed to uncover these key details and build a strong case.

Injuries Common in Drowsy Driving Accidents

Crashes caused by drowsy drivers tend to be severe because the at-fault driver often makes no attempt to brake or swerve before impact. As a result, victims frequently sustain serious injuries, including traumatic brain injuries, spinal cord and spine injuries, broken bones, internal organ damage, and lacerations. These injuries can require extensive medical treatment and may result in long-term or permanent disability. In the most serious cases, these crashes can be fatal, giving surviving family members grounds to pursue a wrongful death claim.

What Damages Can You Recover?

Nebraska law allows injury victims to seek compensation for both economic and non-economic losses. The types of damages typically available in a claim involving a driver who fell asleep at the wheel include:

• Medical expenses: Past and future costs related to hospital care, surgeries, physical therapy, and rehabilitation
• Lost wages: Income lost during recovery, as well as reduced earning capacity if the injury affects your ability to work long-term
• Property damage: Costs to repair or replace your vehicle
• Pain and suffering: Compensation for the physical pain resulting from your injuries

The value of a settlement depends on a range of factors, including the severity of your injuries, the strength of the evidence, and how liability is established. You can learn more about how these figures are determined by reviewing car accident settlement amounts and what affects the outcome of a claim.

How Nebraska’s Statute of Limitations Affects Your Claim

In Nebraska, injury victims generally have four years from the date of the accident to file a personal injury lawsuit. While this may seem like a lengthy window of time, beginning the legal process early is important. Evidence can deteriorate, witnesses’ memories fade, and key records may become harder to obtain the longer you wait. Acting promptly gives your legal team the best opportunity to investigate and build your case.

Contact Knowles Law Firm

If you were injured in a crash caused by a driver who was so drowsy they fell asleep at the wheel, Knowles Law Firm is ready to help you understand your options. With over 55 years of experience representing injury victims across Nebraska, our legal team has the experience and resources to pursue the full compensation you deserve.

Do not wait to get the help you need. Reach out to Knowles Law Firm today to schedule a free consultation and start protecting your rights.