If you get into a car accident caused by a drowsy driver, Tennessee law gives you the right to pursue compensation from the person responsible. Two primary forms of damages are available in these cases: economic, for things like medical expenses, and non-economic, for things like pain and suffering.
That said, the at-fault driver and their insurance company are unlikely to hand over fair compensation without a fight. Learning about how these claims work can help you prepare for what lies ahead and ensure you take appropriate legal action following a Nashville car crash.
What Makes Drowsy Driving Dangerous?
Fatigued driving is a widespread problem that many people underestimate. According to the National Highway Traffic Safety Administration (FMCSA), drowsy driving contributes to tens of thousands of crashes every year nationwide. Drivers who get fewer than five hours of sleep are significantly more likely to be involved in a fatigue-related collision compared to those who are well rested.
While Tennessee does not have a standalone statute targeting drowsy driving specifically, a fatigued driver can still be held liable under the state’s general negligence laws. Every motorist has a duty to operate their vehicle safely; choosing to drive while exhausted likely violates that duty.
How the Insurance Claims Process Works
Tennessee is an at-fault state for car accidents, which means you file your injury claim with the other driver’s insurance carrier rather than your own. Keep in mind that insurance companies are businesses focused on protecting their bottom line, not actually paying you the full value of your claim.
Having a car accident attorney handle communications with the insurer on your behalf is one of the smartest moves you can make early on. Your lawyer will submit a demand outlining your full damages, and settlement negotiations will typically follow from there.
What Happens if My Case Goes to Court?
Sometimes the insurance company refuses to offer a fair amount, or they dispute who was at fault for the crash. When that happens, filing a lawsuit may be your best option. Going to court allows your legal team to gather additional evidence through a process called discovery, which can strengthen your position considerably.
Note that settlement talks can still continue after a lawsuit is filed. A trial only becomes necessary when no agreement can be reached through negotiation.
Contact a Personal Injury Lawyer for Help With Your Drowsy Driving Accident Case
Were you involved in a car accident caused by drowsy driving in Tennessee? You may be entitled to compensation, and an experienced Nashville personal injury attorney with Woodard Injury Law can help you make the most of your claim.
We have 19 years of experience and have already secured millions of dollars for our deserving clients. Call (615) 640-3648 today to get started with a free consultation.