A leading cause of car accidents is driver fatigue. A drowsy driver is a danger to you and other motorists. If you suffered an injury due to the careless or reckless driving of a fatigued driver, you may get compensation for your injuries.
Did you suffer an injury in an accident caused by a fatigued driver? Call a driver fatigue accident lawyer at the Law Offices of Anidjar & Levine in Florida at 1-800-747-3733 for a free consultation.
Proving the Liability of a Fatigued Driver for Your Accident
A driver owes you and other motorists a duty to drive safely. A fatigued driver can breach this duty. If a fatigued driver’s conduct causes your accident, our attorneys will investigate your accident and hold the at-fault party accountable.
Symptoms of Driver Fatigue
A fatigued driver may experience the following symptoms:
- The driver may yawn, have trouble keeping his eyes open, and nod his head.
- The driver’s reaction time may be slower than normal.
- The driver may veer his vehicle to the right.
- The driver may fall asleep.
Recognizing the Signs of Driver Fatigue
A fatigued or drowsy driver should recognize the signs of fatigue and get off the road or let someone else drive. Turning up the radio, rolling down the window, putting water on the face, or drinking coffee are only temporary fixes.
Causes of Fatigued Driving
The causes of fatigued driving include the following:
- Inadequate sleep.
- Driving too long without rest or sleep. Federal regulations limit the time a truck driver can stay on the road without a break, but the driver may not follow regulations. He may not rest well or push to arrive at a destination on time, driving while tired. A driver on vacation may not take adequate breaks.
- Working a long shift or a night shift. A driver may have just worked a long shift at work or have trouble adjusting to a night shift.
- Sleeping disorder.
- A driver may be taking medication that causes drowsiness.
Proving Driver Fatigue at the Time of the Accident
The driver’s conduct that caused your accident—running a red light, moving into your lane, or misjudging the distance of your vehicle, for example—may be the result of the driver fatigue. How will our personal injury attorneys show fatigue caused unsafe driving?
- We investigate the accident scene: A lack of skid marks can indicate a driver fell asleep and failed to apply his brakes before the accident.
- We consider when the accident occurred: If the accident occurred at night, fatigue is more likely than if the accident occurred during the day.
- We interview witnesses: A passenger may have seen signs of drowsiness—yawning or nodding. A witness may have seen the accident or observed the vehicle before the accident. Like a driver who is under the influence of alcohol, a drowsy driver may veer from lane to lane or weave within a lane of traffic.
- We investigate the other driver: Was the driver returning home from a long day at work? Had he been studying long hours for exams? Was he taking medication that may have caused drowsiness?
- We can check how long the driver was on the road: A truck driver keeps a log of the time he is on the road. Our attorneys can obtain gas or hotel receipts to determine how long and how far a driver has traveled.
Impact of Your Fault in a Driver Fatigue Accident
In Florida, your fault does not bar you from recovering for your injuries in a driver fatigue accident. Even if your fault was greater than 50 percent, it only reduces the amount of your recovery by the percentage of your fault.
If you suffered injuries in an accident caused by the recklessness or carelessness of a fatigued driver, call a driver fatigue accident lawyer at the Law Offices of Anidjar & Levine.
In Florida, you have four years to file a personal injury suit, but do not wait until the time is about to expire to call our attorneys. We are ready to go to work to get you compensation for your injuries.
Recovering Compensation for Your Injuries in a Driver Fatigue Accident
Florida is a no-fault insurance state. Your own insurance covers the first $10,000 of your damages regardless who is at fault. If your injuries are serious, you can proceed with a lawsuit against the at-fault party.
What types of injuries are common in a driver fatigue accident?
What types of damages can you recover for your injuries in a driver fatigue accident?
- Medical expenses
- Rehabilitation costs
- Lost wages
- Lost earning capacity
- Pain and suffering
- Mental anguish
- Property damage
Our lawyers review your medical records and talk to your doctors to determine the extent of your injuries. We consult medical experts to prove the accident caused your injuries and hire an economist to determine your lost earning capacity, or the difference in what you earned before the accident and what you can earn after the accident.
Settling Your Claim for Injuries in a Driver Fatigue Accident
Our attorneys work with the insurance company to get you fair compensation for your injuries. Most cases settle before they go to trial, because insurance companies want to avoid the expense of litigation. If our attorneys cannot reach a reasonable settlement, we take the matter to court.