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How can you prove the other driver was drowsy?

Car crashes in Texas often lead to severe injuries. In some cases, these accidents occur due to drowsy driving, where a driver operates a vehicle while fatigued or sleepy.

Proving drowsiness after such accidents is important for determining liability.

Observations of the scene

As soon as possible, gather as much information about the circumstances surrounding the incident. This includes noting any signs that the other driver may have been drowsy. They include erratic driving behavior, drifting between lanes or failing to react promptly to changing road conditions.

Eyewitness testimony

Eyewitnesses at the scene can give valuable testimony about the behavior of the other driver leading up to the collision. They may be able to recount observations such as the driver appearing tired or struggling to stay awake. This may help establish a case of drowsy driving.

Police reports

In 2022, Texas had 15,299 crashes with serious injuries. Police officers who respond to the scene of an accident typically file detailed reports documenting their observations and findings. These reports may include information about any signs of drowsiness exhibited by the other driver, as well as any statements the driver makes indicating fatigue or tiredness.

Medical records

Medical records play a major role in establishing the extent of the injuries and the circumstances surrounding the accident. Medical professionals may document symptoms of fatigue or exhaustion in their assessments of the injured parties.

Smartphone records

Phone records can provide valuable evidence in drowsy driving cases. They may indicate whether the other driver was using their phone at the time of the accident. Excessive phone use, especially late at night or early in the morning, can contribute to driver fatigue and increase the likelihood of drowsy driving accidents. Phone use can also contribute to the other driver’s liability.

By gathering and presenting this evidence, injured parties can seek justice and compensation.