Proving Fault in an Accident Involving a Fatigued Driver

Fatigued driving has caused as many as 7,000 documented deaths in the past decade. Unfortunately, many victims of accidents involving impaired drivers suffer injuries, medical complications or emotional trauma long after the accident. If you have been in an accident or suffered property damage from a driver that may have been fatigued, here are some necessary steps to make sure you get the compensation you deserve in a personal injury claim.

Tips for proving fault in an accident involving an impaired driver

Tips for proving fault

1. Take as many photos as you can of the accident, property damage and injuries sustained. Before the scene is altered or cleaned up, you will want to have photos as a visual record of the damages. For more information on what to do after an accident, check out this blog for helpful tips.


2. If you do not immediately notice any injuries after an accident and someone asks whether you are injured, say you are not sure. Car accident injuries can surface days or even weeks after the accident, appearing as whiplash, brain trauma or emotional damages. Try to avoid admitting that you were not injured in an automobile crash, as this statement can hurt your claim.


3. When giving a police report and talking to your lawyer, disclose any observations of the other driver’s behavior prior to the accident. If you saw that they were fluctuating in speed, tailgating, failing to use turn signals, weaving, drifting or veering between lanes, let your attorney know as these behaviors can prove driver negligence.

4. If significantly injured, seek medical attention immediately. Make sure to document your medical visits, pain levels, medication and physical ability in a journal. Don’t forget to keep your attorney updated regarding your medical condition after the accident.


5. As we said in our blog on successful personal injury cases, let your attorney and the evidence do the talking. Try to refrain from talking about your case in a way that can be used against you in court. This includes posting on social media in a way that contradicts your claim.


6. Most importantly, call a qualified personal injury attorney. Fatigued driving is especially difficult to prove in court, as the plaintiff needs to establish evidence of negligence. An attorney is essential to ensuring that your case results in receiving ample compensation for your ordeal.


Being in an auto accident can be devastating and damages sustained from a fatigued driver are no different. If you have been the victim of damages or injuries due to driver negligence, contact Meissner Law to help you get the compensation you deserve. For more information on the top personal injury attorney in Sacramento, give us a call today at (916) 473-1537.