3 FAQs about Taking Action against a Drowsy Driver in Nevada
Fatigue can slow down your reactions, inhibit your motor skills, and affect your ability to pay attention. In other words, a drowsy driver represents a serious risk to others on the road as they have a considerably higher chance of causing an accident than their well-rested counterparts.
If you believe the motorist who struck you was fatigued, you probably have several questions running through your mind. In this article, we share our answers to a few of the most frequently asked queries:
1. How Do You Prove Fault After Being Struck by a Drowsy Driver?
To receive a settlement, you must show that the other motorist played some role in causing the wreck. While you might be certain that they were drowsy, you will need to gather evidence to show that their actions contributed to the accident. Such evidence might include the following:
- Dashcam footage
- Eyewitness statements
- The official police report
- Photographs of the accident scene
- Expert witness deposition
2. What Types of Damages Can You Recover?
From medical bills to lost income to replacement services, there is no shortage of costs in the wake of a severe wreck. Fortunately, many of these losses may be recoverable. However, just as you must provide evidence of fault, you must also gather proof that accurately illustrates your losses.
For example, letters from your employer documenting the days you were unable to work because of your injuries will likely play a crucial role in demonstrating the extent of the wages you lost. Alternatively, if you experienced excruciating pain because of your injuries, starting a personal injury journal to document how you have suffered since the wreck could help you build a case for non-economic damages.
3. How Long Do You Have to File a Lawsuit?
If the insurance company refuses to agree to a fair settlement, you may have no option but to take the at-fault driver to court. However, there’s only a narrow window to pursue a legal case, as the state’s statute of limitations imposes strict deadlines on those planning to take action after a wreck.
In most cases, you will have just two years to take this next step. While this might seem like a considerable amount of time, it can take months to properly prepare a personal injury case for court, so it’s essential to act quickly, so you don’t overshoot this deadline.
Speak to a Las Vegas Car Accident Attorney Today
Were you hurt in an accident involving a drowsy driver? Turn to the Maier Gutierrez & Associates legal team to determine whether you have grounds to seek damages.
We can assess your claim as part of a free consultation, during which we can take time to answer any other questions you might have. Call us today at 702-629-7900 or head over to our contact form HERE to request a free case review with a Las Vegas car accident attorney.