Driver fatigue reduces your ability to operate a car effectively. This lack of motor control can lead to a dangerous, perhaps lethal, car accident. If your car accident was caused by another driver nodding off, you have the right to pursue compensation.
To win a driver fatigue car accident case, you must prove that another party’s negligence caused your injuries. A Delray Beach driver fatigue car accident lawyer from the Law Offices of Anidjar & Levine can support you with this part of your case and provide other legal services.
Fatigued Driving Is Negligent Behavior
According to the National Highway Traffic Safety Administration (NHTSA), pinning down the exact number of car accidents caused by fatigued driving is difficult. However, the NHTSA does note that driver fatigue is unsafe behavior. This is how drowsy driving impacts a person’s motor control:
- Impair cognition
- Slower reaction times
- The risk of completely falling asleep behind the wheel
If a driver puts others at risk by drowsy driving, they can be held liable for their negligence.
Causes Of Driver Fatigue
Driver fatigue has several causes, including:
- The improper use of prescription medication
- Excessive drinking
- Driving for too long without a break
- Driving home late
- Sleep disorders
Choosing to operate a motor vehicle while drowsy is a choice that can endanger other drivers. You shouldn’t have to pay the price for someone else’s mistake. At the Law Offices of Anidjar & Levine, we’re here to hold those responsible for your injuries accountable.
The Value Of A Driver Fatigue Car Accident Case
In Delray Beach, car accidents fall under a law known as the “no-fault” rule. This law governs the types of compensation you can pursue after a car accident.
Initially, after a car accident, you can only access your personal injury protection (PIP) coverage. PIP coverage is mandatory in Delray Beach and reimburses 80% of your medical expenses, with a standard $10,000 limit. You can access this insurance regardless of who’s at fault. However, this $10,000 limit may only cover a minority of your expenses.
You must pass the no-fault threshold to receive more compensation for other losses, like mental anguish. This threshold is passed if you prove you experienced a serious injury. Under state law, serious injuries include:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
- Significant and permanent scarring or disfigurement
What Can I Receive If I Pass The No-Fault Threshold?
If your car accident passes the no-fault threshold, you can use two additional methods to pursue compensation other than your PIP coverage. They include:
- Filing an insurance claim with the insurer of the at-fault driver
- Filing a lawsuit against the at-fault driver
Using either of these approaches opens the categories of damages you can receive compensation for, which include the following:
- Lowered earning capacity
- Lost wages while you recover from your injuries
- Suffering, pain, and mental anguish
- Lowered quality of life
- Property damages, like vehicle repair costs
- Wrongful death damages
The value of these damages will fluctuate depending on the context of your driver fatigue car accident case. Our team can discuss what your case could be worth during an initial consultation. You deserve to know what you’re fighting for.
Hiring A Delray Beach Driver Fatigue Car Accident Lawyer
Driver fatigue car accidents are sudden and can throw your life into a tailspin. While picking up the pieces afterward may seem difficult, it doesn’t need to be.
As your legal team, we can offer you several services, including:
- Compassionate legal support: We understand that you’re going through a difficult time and want to make the legal process as easy as possible. To do so, we can offer you the phone number of the lawyer assigned to your case, provide consistent case updates, and help you schedule appointments associated with your accident.
- Finding the liable party: Liability is key in driver fatigue car accident cases. You can’t receive additional compensation if you can’t find who caused your injuries. We have this base covered. We can investigate the details of your accident and determine who’s at fault.
- Fighting for your recovery: Are you struggling to receive fair compensation? Don’t fret. We’re prepared to take the fight to insurers and opposing legal teams. While you recover, we can negotiate for the best settlement award possible. We’re not afraid of going to court on your behalf if insurance negotiations don’t produce a desirable result.
We stand by our clients and constantly work to provide them with the best legal experience possible. This is what they’ve said about working with our car accident team:
- “Prompt and courteous answers to questions. Great communication from everyone involved with your case. Phenomenal case results. A completely and thoroughly enjoyable legal experience from the beginning to conclusion of my case. Thank you so much.” – Jos I.
- “What unbelievable professionalism. If you have to hire an attorney to represent you during a difficult time, there is no other choice than Anidjar and Levine. Everyone I dealt with was great. Special thanks to Jonathan Holtz.” – Charles L.
- “Jonathan at Andijar and Levine was very helpful. He kept us informed and comfortable that he was doing everything that he could to get us the most for our settlement. Thank you Andijar and Levine.” – Joe H.
Can I Afford A Lawyer
Hiring a Delray Beach driver fatigue car accident is probably less expensive than you think. In fact, working with our team costs nothing upfront. We work on a contingency-fee-basis, meaning:
- You don’t need to pay us a cent upfront
- We don’t pay unless you receive compensation
- Our payment comes as a percentage of your final settlement award
Financial pressure doesn’t need to prevent you from hiring a lawyer. With our contingency fee payment plan, you can work with an experienced legal team risk-free.
Driver Fatigue Car Accident Lawsuits Have A Deadline
Don’t run down the clock on your case; if you miss the general four-year statute of limitations defined in Florida Statutes § 95.11(3)(a), you’ll lose your opportunity to file a lawsuit. While this deadline may be longer or shorter, depending on the specifics of your case, it’s best to act as soon as possible. You want every tool in your legal toolbox available. We’re here to update you on every deadline associated with your case.
In car accident cases involving wrongful death, the statute of limitations is shorter, coming in at two years.
Work With A Car Accident Lawyer Today
Contact the Law Offices of Anidjar & Levine today for a free no-obligation case review. Remember, you don’t have to face aggressive insurers or opposing legal teams alone. Our personal injury lawyers can handle your case while you recover.
We Can Help.