Following an accident in which negligence exists, you are going to encounter constant pushback from the insurance company. Low settlements and complete denial are consistent in car accident claims. Unfortunately, there are many defenses the insurance company will try to use to limit the amount of compensation they must pay you.
One potential danger that nobody talks about: sleepwalking. There have been numerous stories about drivers who suffer injuries because they were driving while sleepwalking. However, what happens if someone drives in their sleep and causes harm to someone else? Is negligence still present?
Analyzing the Causes of Sleepwalking
Sleepwalking has numerous causes—some natural and some self-inflicted. For instance, someone with gastroesophageal reflux disease (GERD) or restless legs syndrome may sleepwalk. Similarly, a severe fever can cause someone to sleepwalk.
However, the use of certain medications or other substances (such as alcohol) can cause sleepwalking. If the sleepwalking is self-inflicted due to something the person did on his or her own accord while awake, negligence may still exist in crashes caused by sleepwalking.
Proving Negligence Caused the Sleepwalking
To obtain compensation for injuries you sustain, you must prove that negligence caused the person to sleepwalk and drive. For instance, when alcohol use causes the condition, you must show that the driver fell asleep while intoxicated. Typically, a breathalyzer at the scene of the accident can help prove this.
You should ensure that you’re doing everything you can immediately following the crash to determine what problems may exist. Was the driver sleeping while driving? Was he or she driving before falling asleep? Was sleepwalking the cause?
There are a lot of questions about these types of accidents, and you need answers. Our team at Effres & Effres goes above and beyond to get you the answers you deserve. Trust in our car accident lawyers to pursue compensation and justice on your behalf.
Call our firm at (818) 222-9720 today if you suffer an injury caused by any person’s negligence.