Fatigued Driver Car Accident Lawyers
It only takes a single moment.
A drowsy or fatigued driver–one who probably should not be on the road–causes an accident, whether by veering into another lane, cutting you off, failing to stop on time, or engaging in some other type of negligent behavior.
Drowsiness and fatigue can play a significant part in car accidents, sometimes leading to serious injuries and financial damages inflicted on innocent parties. If you were involved in an accident with a fatigued or drowsy driver, you may be able to recoup compensation for the damages you’ve suffered.
Causes of Driver Fatigue
The causes of driver fatigue can vary — there may be as many different causes for being tired or drowsy on the roads as there are drivers! Whether it’s work obligations, family responsibilities, or other things that take up our attention, exhausted drivers are all over the road in today’s busy, frantic world.
When it comes to commercial drivers, such as truck drivers, causes of driver fatigue may stem from driving, such as inadequate rest breaks or failure to follow federal and state regulations regarding how much time may be spent on the roads. Environmental factors, such as noise, heat, and vibrations, may also lead to driver fatigue, poor quality sleep, and mental health issues.
Injuries Caused by Driver Fatigue
Many different injuries can result from an accident involving driver fatigue. For example, the following types of injuries are common in these types of cases:
- Head injuries, concussions, and traumatic brain injuries
- Back, neck, and spinal injuries, sometimes including partial or full paralysis
- Broken or fractured bones
- Injuries to internal organs or internal bleeding
- Limb amputations
- Burns
- Road rash and other abrasions
- Whiplash and other soft tissue injuries
- Scars or disfigurement
- In the most extreme cases, wrongful death
Preventing Driver Fatigue
There are, fortunately, some proven ways to prevent driver fatigue, which can go a long way towards preventing an accident. The following are some techniques for preventing driver fatigue:
- Make sure you get enough sleep before getting on the road
- Take regular breaks from driving, particularly when driving long distances
- Avoid anything that can make you drowsy, such as alcohol or medications that warn of drowsiness
- Always pull over and take a break if you feel yourself getting fatigued or drowsy
- Stop to stretch or take a nap when drowsy
- Travel during the times when you are normally awake
- Take a responsible passenger with you who can monitor your fatigue
Recovering Compensation in an Accident Involving a Fatigued Driver
In order to recover compensation for your car accident involving a fatigued driver, you will need to prove that the other driver was negligent — that is, you will need to show they breached a reasonable duty of care to be safe on the road, directly causing your injuries. For example, if a fatigued driver has veered into your lane and caused an accident that resulted in your injuries, you will need to prove that the other driver breached their duty of reasonable care by driving fatigued and that their actions were the direct cause of your personal injuries.
In an accident involving a fatigued driver, questions of liability and damages can quickly become complicated. The other side may claim that they were safely operating their vehicle, causing a factual dispute about whether their fatigued state was responsible for the accident. Moreover, their insurance company will try to minimize the effect of the insured driver’s fatigue in order to try to minimize your potential settlement and recovery.
Proving that another driver was fatigued or drowsy can also be difficult in a car accident case. You may need to rely on the testimony of the other party, along with the testimony of witnesses, to make your case. You will also need to preserve important evidence to help prove the other party’s liability. Police reports, witness statements, footage from the accident scene, and photos that can help prove liability and damages are just some examples.
Because these types of cases can quickly become complex and difficult to prove, it is important to consult with a knowledgeable and experienced car accident attorney, who will be able to explain your legal rights and options and discuss with you the potential next steps to take in your case. You should not try to face the other party and their insurance company on your own — a dedicated, experienced attorney can negotiate on your behalf toward a fair and reasonable settlement, and if that is not possible, they will be able to file and fight your claim in court.
How Can Bretz Injury Law Help?
Put simply, we are who you need when you’re in need. At Bretz Injury Law, we fight to help car accident victims recover fair compensation for all of their physical, emotional, and financial losses. Our Kansas accident lawyers know how to build powerful claims and aggressively negotiate with insurance companies for fair settlements, but when this is not possible, we are fully prepared to represent our clients at trial. We are intentionally small to give you more personalized service.
We understand the challenges you are up against and the many that still lay ahead. With our team by your side, you can focus on what matters most — healing and moving forward with your life. Our attorneys will work with the insurance company on your behalf to negotiate a fair settlement. If necessary, we are prepared to file a lawsuit against the at-fault driver and seek full and fair recovery for your damages at trial.
If you or someone you love was injured by the negligent or wrongful conduct of another in a motor vehicle accident, reach out to Bretz Injury Law today. Our Kansas personal injury lawyers can help you understand your rights and fight for the fair compensation you are owed. Contact us today to schedule your free consultation.
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