Fatigued driving can be just as dangerous as drunk driving, and when another driver puts others in danger, they must be held accountable. If someone fell asleep while driving and injured you, a Tampa driver fatigue car accident lawyer from our team can help you seek compensation for medical bills, property damage, and other losses you’ve suffered.
Our law firm fights for injury victims like you in Florida. Let’s discuss your case during a free case evaluation. We’ll take the time to answer your questions and explain your legal options.
Fatigued Driving Is Negligent Behavior
All people driving on the road owe a duty of care to others on the road. That means they must exercise reasonable care in operating their vehicles. Paying attention to the road, minding traffic flow, and yielding the right-of-way are all actions a careful vehicle operator should take.
When people drive fatigued, their driving skills can be affected in various ways. According to the Centers for Disease Control and Prevention (CDC), fatigued driving can lead to:
- Falling asleep behind the wheel
- Drifting into another lane
- Slow reaction times
- Poor decision-making
A fatigued motorist is negligent in their actions. At the same time, being tired while driving isn’t intentional; operating a vehicle after realizing that fatigue has set in is a choice. It’s a misjudgment that could cost the other person driving and others’ lives.
Your Tampa driver fatigue car accident attorney will work to prove the at-fault driver acted negligently by operating a vehicle while exhausted.
What Causes People To Become Fatigued While Driving?
Fatigue is a natural response to any physically or mentally draining activity. It can be caused or exacerbated by inadequate sleep. Causes of motorist fatigue include:
- Lack of sleep occurs especially with long-haul drivers like truck drivers
- Extended work hours
- Strenuous work or activities
- Sleep disorders
- Medical conditions
- Prescription or over-the-counter medications
If a person took medication that made them tired and they still chose to drive, and they injured you, you can file a personal injury claim against them. All drivers have a duty of care to drive responsibly, including making safe decisions to avoid crashes before getting behind the wheel.
Signs of Motorist Fatigue or Drowsiness
Our Tampa driver fatigue car accident lawyers will review reported signs of fatigue that the other driving may have exhibited. Police and witnesses may have indicated seeing these signs in reports or statements. Signs of fatigue or drowsiness while driving includes:
- Yawning repeatedly
- Slow blinking or difficulty keeping eyes open
- Nodding off
- Eyes closed or sleeping at the wheel
- Slow reaction time
- Drifting to one side of the road
- Veering suddenly to correct a vehicle’s direction
If you seek damages in a car accident claim, it may be best to start working with a Tampa driver fatigue attorney as soon as possible. Evidence of a motorist’s fatigue may erode over time, weakening your claim.
Types of Crashes that Can Happen When a Driver Is Fatigued
Driving while tired can result in many different types of crashes. Some of the most common auto accidents people get into when they’re driving while fatigued are:
- Rear-end accidents: Rear-end accidents are especially dangerous, as they usually involve someone rear-ended who may have had no time to react or take preventive measures.
- Truck accidents: Truck drivers drive for long periods, which can lead to drowsiness after hours of staring at the road. A commercial vehicle, like a truck colliding with other cars with a slow reaction time, can result in severe truck accidents and injuries.
- Rollover accidents: Rollover accidents are one of the most serious and deadly types of car accidents. They occur when a vehicle flips onto its side or roof, often due to excessive speed and weight. If a tired driver veers too far to one side and they have a large load on top of their car or in their truck bed, you could sustain injuries in this type of accident.
- Side-impact accidents: Also known as a t-bone accident, this auto accident is frequent among tired drivers. A side-impact accident is the most common at stop signs and traffic lights at intersections. A tired driver could miss the light or sign and run through, hitting you.
If you have been injured in a driver fatigue car accident, it is important to contact an experienced Tampa driver fatigue car accident lawyer. A lawyer can help you understand your rights and options for pursuing compensation for your injuries. Whether it was a truck accident or a multi-car accident, our lawyer can be your accident investigator to get you the compensation you need.
Accident Injuries You Can Suffer When a Fatigued Motorist Hits You
When someone is driving while drowsy, it can lead to more severe injuries than if they were awake because they have a lower sense of awareness of what’s happening. Some of the injuries you can sustain include:
- Spinal cord injuries
- Traumatic brain injuries
- Soft tissue injuries
- Accidental amputation
- Broken bones
- Neck and head injuries
After you get injured, the first step you should take is to get medical care. A doctor can diagnose any other injuries you may have that aren’t showing symptoms yet. Diagnosing injuries early can lessen their impact on your life and the financial burden.
Our legal team can also help you receive medical care if you have difficulty finding a provider. We can connect you with a doctor and schedule the appointment within your schedule.
The Statute of Limitations for a Driver Fatigue Accident
Florida Statutes § 95.11 sets a filing deadline for any personal injury lawsuits four years from the accident date. While this may sound like a long time, you want to give your attorney as much time as possible to gather evidence and build a solid case.
Another advantage to filing your personal injury claim early is having a higher chance of getting the maximum compensation. Our Tampa attorneys can help you gather invaluable evidence to prove your case. If you fail to file your claim within the deadline, you’ll be unable to recover any compensation.
When you work with our team, you don’t have to worry about missing the deadline to file. We’ll ensure all the paperwork is complete and correct.
Compensation in a Motorist Fatigue Car Accident Case
Under Florida law, an injury victim can seek damages for financial losses in addition to pain and suffering. You may be entitled to claim:
- Medical treatment expenses
- Physical therapy
- Lost wages
- Diminished earning capacity
- Vehicle damage, including repairs and diminished value
- Transportation costs
- Replacement services
- Emotional distress
- Physical pain
- Catastrophic injuries
- Reduced quality of life
- Tampa Wrongful death damages (if you lost a family member in a car crash)
Depending on the severity of your injuries, the value of the damages you’re eligible to receive may be higher than usual. One of our lawyers in Tampa can tell you the value of your injuries when you meet with us.
Proving the Fatigued Motorist’s Negligence
A Tampa injury lawyer at our firm will investigate and gather evidence demonstrating the driver’s negligence under Florida law. Negligence is a common law concept that requires a plaintiff to prove four essential elements to collect compensation in a personal injury claim.
Our team is well-versed in what needs to present to hold a liable party accountable. Your Tampa driver fatigue car accident lawyer will aim to demonstrate the following elements of a negligence case on your behalf:
- The motorist owed you a duty of care: This is the duty to drive safely, which all drivers in Florida must do.
- The driver breached their duty: The driver failed to exercise the same care a reasonable driver would in the same situation. A reasonable and safe driver would not drive a car while tired.
- The fatigued driver caused an accident: We’ll work to prove that the driver’s fatigue led to the crash. This is known as the proximate cause; the collision would not have happened without it.
- You suffered damages from the motor vehicle accident: You were injured or sustained property damage due to the fatigued driver’s actions.
If all four elements are present in your collision, our Tampa car accident lawyers can start your case after you’ve filed your claim. As an auto accident victim due to a fatigued driver, we’ll ensure that we take time handling your case to give you the best possible outcome.
How Our Team Negotiates With the Insurance Company
After you suffer injuries in a motor vehicle accident, you must talk to the negligent driver’s insurance company to negotiate a fair settlement. But talking to the insurance company can be one of the most difficult parts of the legal process because insurance adjusters don’t want to pay you what you deserve.
They’ll use tricks to get you to accept the lowest settlement amount possible. But our team of attorneys in Tampa already knows this, and we won’t let this happen to you. We’ll rise above their tactics and get you the settlement deal your injuries qualify you for.
We’ll present evidence showing that the other driver is at fault for the motor vehicle accident and that your injuries have affected your life to a point where you need compensation.
We Offer Responsive Legal Services to Tampa Car Accident Victims
We’re serious about providing compassionate, dependable, and responsive legal service. We want you to dedicate your time and energy to recovering while we handle your Tampa car accident claim.
Our Tampa personal injury lawyers have years of experience handling claims for car crash victims, including those involving drowsy motorists. You can trust your case in our hands. We want your complete confidence in us, and that’s why we offer the following:
- Your attorney’s direct phone number so you can get in contact whenever you have questions or concerns.
- Our no-recovery no-fee promise, so you don’t pay unless we win your case.
- Assistance in scheduling your appointments and repairing your car, so you can put your life back together with less stress.
Our law firm is proud to be adaptable and dedicated to your case. We offer various services but can personalize them to your specific case. We’re ready to assist you in any way we can.
Our Tampa Accident Lawyers Will Investigate Your Driver Fatigue Car Accident
A driver fatigue car accident lawyer serving Tampa will work with investigators and accident reconstructionists to understand the events of your crash. Facets of our investigation may include:
- Analyzing the crash scene, traffic footage, and related crash reports from Tampa PD, Hillsborough County Sheriffs, or Florida Highway Patrol.
- Interviewing eyewitnesses, such as other drivers, passengers, or bystanders who may have seen signs of drowsiness. For example, someone may have observed the driver yawning, nodding off, or hunched over the steering wheel.
- Looking into the fatigued driver’s activities the day of the crash along with their usual schedule and routines. For example, fatigue is likely if the driver is returning from work, traveling a long distance, attending classes, or studying for exams. If a truck was involved, their driver logs recording their daily operations could provide insight into the accident.
- Compiling evidence for your car crash case, such as the police report, medical records, insurance company contact information, and photos of your injuries.
If available, we can analyze black box data to determine driver performance inside the vehicle and what level of engagement the motorist had before the accident. Event recorders capture vehicle data like braking, acceleration and deceleration data, and steering actions.
Seek Compensation for Your Tampa Driver Fatigue Car Accident Injuries
Any form of impaired driving is unacceptable. If a fatigued or drowsy driver injured you, contact the Law Offices of Anidjar & Levine. You deserve full compensation for your harm; we’ll tell you if you have a motor vehicle accident case.
A Tampa driver fatigue car accident lawyer is standing by to discuss your case. Contact us today to get started with a free consultation. Give us a call or fill out the contact form on our website.
We Can Help.