Fatigued driving can be just as dangerous as drunk driving, and when another driver puts others in danger, they must be held accountable. If a driver who fell asleep at the wheel injured you, a Tampa driver fatigue car accident lawyer from our team can help you seek compensation.
The Law Offices of Anidjar & Levine 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.
We Offer Responsive Legal Service To Tampa Car Accident Victims
At the Law Offices of Anidjar & Levine, 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 personal injury lawyers have years of experience handling claims for car crash victims, including those involving drowsy drivers. You can trust your case in our hands. We want your complete confidence in us, and that’s why we offer:
- 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 getting your car repaired, so you can put your life back together with less stress
For a free legal consultation with a driver fatigue accidents lawyer serving Tampa, 800-747-3733
Compensation In A Driver 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
- Wrongful death damages (if you lost a family member in a car crash)
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Fatigued Driving Is Negligent
All drivers 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 the flow of traffic, and yielding the right-of-way are all actions that a careful driver should take.
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 driver is a negligent driver. While driver fatigue isn’t an intentional act, operating a vehicle after realizing that fatigue has set in is a choice. It’s a misjudgment that could cost the driver and others their lives. Your Tampa driver fatigue car accident attorney will work to prove the at-fault driver acted negligently by operating a vehicle while exhausted.
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Proving The Fatigued Driver’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 generally requires a plaintiff to prove four essential elements to collect compensation in a personal injury claim.
Your Tampa driver fatigue car accident lawyer will aim to demonstrate the following elements of a negligence case on your behalf:
- The driver 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 that a reasonable driver would in the same situation. A reasonable and safe driver would not choose to drive a car while fatigued.
- The fatigued driver caused an accident: We’ll work to prove that driver’s fatigue led to the crash. This is known as the proximate cause, and without it, the collision would not have happened.
- You suffered damages due to the car accident: As a result of the fatigued driver’s actions, you were injured or sustained property damage.
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Our Tampa Accident Lawyers Will Investigate Your Driver Fatigue Car Accident
A driver fatigue car accident lawyer serving Tampa will work with investigators and crash reconstruction experts 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.
- Considering the time of day, as most drivers tend to be more exhausted late at night or early in the morning.
- 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 that day along with their usual schedule and routines. For example, if the driver was returning from work, traveling a long distance, attending classes, or studying for exams, fatigue is likely. If there was a truck involved, truck drivers have a log book for recording their daily operations.
Analyzing event data recorder information, if available, to determine driver performance inside the vehicle and what level of engagement the driver had before the accident. Event recorders capture vehicle data like braking, acceleration and deceleration data, and steering actions.
What Causes Driver Fatigue?
Fatigue is a natural response to any physically or mentally draining activity. It can be caused or exacerbated by inadequate sleep. Causes of driver fatigue include:
- Lack of sleep
- Extended work hours
- Strenuous work or activities
- Sleep disorders
- Medical conditions
- Prescription or over-the-counter medications
Signs Of Driver Fatigue Or Drowsiness
Our Tampa driver fatigue car accident lawyers will review reported signs of
fatigue that the other driver may have exhibited. Police and/or witnesses may have indicated seeing these signs in reports or statements. Signs of driver fatigue or drowsiness include:
- 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 are seeking damages in a car accident claim, it may be in your best interest to start working with a Tampa driver fatigue attorney as soon as possible. Evidence of driver fatigue may erode over time, weakening your claim.
Further, Florida Statutes §95.11 sets a filing deadline for any personal injury lawsuits of 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.
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, reach out to the Law Offices of Anidjar & Levine. You deserve to receive full compensation for the harm you’ve suffered.
A Tampa driver fatigue car accident lawyer standing by to discuss your case. Contact us today to get started with a free consultation.
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