Traffic Accidents Caused by Fatigue
If you’ve been injured in a car crash with a fatigued driver, you know that fatigued driving poses a significant risk to public safety and can lead to severe accidents on the road. The attorneys of Jonathan R. Brockman, P.C. law firm understand how challenging life can be after you’ve been hurt in an accident that wasn’t your fault. Our firm can help you seek the compensation you deserve, whether your traffic accident was caused by fatigue or other reasons.
The Hazards of Driver Fatigue
Driver fatigue causes numerous accidents yearly, resulting in injuries and fatalities across the United States. The National Safety Council estimates that drowsy driving causes over 300,000 crashes annually.
People who drive while fatigued are hazardous to everyone on the road. A drowsy driver’s ability to make safe decisions, react to hazards, and maintain control of their vehicle diminishes as fatigue sets in. Some of the dangers associated with driver fatigue include:
- Slowed reaction time – Fatigued drivers have slower reaction times, making it difficult to respond to sudden changes in traffic conditions or avoid obstacles in the roadway.
- Impaired judgment – A drowsy driver’s ability to make sound decisions decreases, leading to risky behaviors like speeding, tailgating, and aggressive driving.
- Reduced attention span – Fatigued drivers struggle to focus on the road, increasing the likelihood of missing important traffic signals or signs.
- Microsleeps – When extremely tired, drivers can experience brief episodes of involuntary sleep, known as microsleeps. These episodes can last anywhere from a fraction of a second to several seconds. They can lead to a loss of vehicle control and catastrophic accidents.
Determining Liability in Driver Fatigue-Related Accidents
Establishing liability in a fatigued driving accident can be challenging. It often requires proving that the at-fault driver was indeed fatigued and that their fatigue directly contributed to the accident. Evidence that can help determine liability includes:
- Witness statements – Eyewitnesses who saw the accident or observed the driver’s behavior before the crash can provide valuable testimony regarding the driver’s fatigue.
- Police report – Officers responding to the accident scene may note observations of the driver’s condition, such as bloodshot eyes or an admission of fatigue.
- Medical records – The at-fault driver’s medical records may reveal a sleep disorder or medication use that could contribute to fatigue.
- Expert testimony – Sleep experts and accident reconstructionists can analyze the evidence and provide opinions on whether the driver’s fatigue contributed to the accident.
An experienced Georgia car accident attorney will collect the necessary evidence to build a strong case on your behalf.
Read more: Measuring Shared Fault in Car Accidents
Compensation Available in Fatigued Driving Accidents
Victims of accidents caused by fatigued drivers may be eligible for various types of compensation, including money for:
- Medical expenses – Compensation for the costs of hospital stays, surgeries, doctor visits, medication, and ongoing treatment or therapy.
- Lost wages – Compensation for lost income due to missed time at work or an inability to return to work.
- Pain and suffering – Monetary compensation for physical pain, emotional distress, and the accident’s impact on the victim’s quality of life.
- Property damage – Reimbursement for vehicle repairs or replacement.
- Wrongful death – If a fatigued driving accident results in a fatality, surviving family members may seek compensation for funeral expenses, loss of financial support, and emotional suffering.
Your compensation will depend on the circumstances of your accident-related injuries. An experienced attorney will evaluate your claim and give you an estimate of how much compensation you may be eligible to claim.
What Should I Do After an Accident with a Fatigued Driver?
After an accident involving a fatigued driver, take these critical steps to protect your rights and maximize your chances of receiving the compensation you deserve.
- Seek medical attention – Even if you feel fine, some injuries may not be immediately apparent. Seek medical attention immediately, and record your treatment and diagnosis.
- Document the scene – If it is safe to do so, gather evidence at the accident scene. Take photos or videos of the vehicles involved, any property damage, and the surrounding area.
- Obtain witness information – If there are witnesses to the accident, ask for their contact information and a brief statement about what they saw. Witness testimony can be vital in determining liability.
- Keep a journal – Document your physical and emotional recovery following the accident. Record your symptoms, medical appointments, and the impact of the accident on your daily life. This information can help offer more context for your pain and suffering claim.
- Notify your insurance company – Report the accident to your insurance company, but be cautious about providing a recorded statement without consulting an attorney first.
- Consult an experienced car accident lawyer – Speak with a skilled car accident attorney with experience handling fatigued driving accidents. They can guide you through the legal process and advocate for the compensation you deserve.
By following these steps, you will be well-prepared to pursue a successful claim against a fatigued driver and recover compensation for your losses.
How Can a Carrollton Car Accident Attorney from Jonathan R. Brockman, P.C. Help?
An experienced Carrollton car accident lawyer can assist you if your car accident was caused by a fatigued driver. They can help by:
- Investigating the accident – Your attorney will gather crucial evidence to establish the at-fault driver’s fatigue and how it contributed to the accident.
- Negotiating with insurance companies – Insurance companies often try to minimize or deny claims. An attorney will negotiate on your behalf to ensure you receive fair compensation.
- Evaluating damages – A skilled lawyer can accurately assess the value of your losses and help you pursue the maximum compensation available.
- Representing you in court – If the insurance company does not offer you a fair settlement, your attorney will represent you in court, presenting a compelling case to a judge or jury.
Contact an Experienced Car Accident Lawyer
If you have suffered injuries in a fatigued driving accident in Carrollton, Georgia, consult an experienced car accident lawyer as soon as possible. The seasoned attorneys at Jonathan R. Brockman, P.C. have a proven track record of success in representing victims of fatigued driving accidents. We can help you obtain the compensation you need to recover and move forward.