I was hit by a driver who fell asleep at the wheel. Is he liable for the accident?


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A: In most situations, falling asleep at the wheel will subject the driver to liability. Usually, a driver who falls asleep at the wheel and hits another car or pedestrian will be liable for the accident. However, liability is not so clear if a driver falls asleep at the wheel due to an unforeseen reaction to medication or due to a medical condition that was not reasonably foreseen.

In order to be liable, there must be negligence which is often defined as the failure to take reasonable precautions for the protection of others. In most cases, falling asleep at the wheel is negligent, since most people experience symptoms of sleepiness before actually falling asleep. Also, in certain situations, falling asleep at the wheel may subject the driver to punitive damages.

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