Call Us Today Driving while tired might sound like it’s not dangerous, but it can contribute to an accident. If you are the victim of a driver fatigue crash, request legal help. A Fort Myers driver fatigue accident lawyer can pursue compensation on your behalf.
The car accident lawyers in Fort Myers at Viles & Beckman have handled thousands of personal injury cases. We have the experience and resources necessary to help you get justice. Request a consultation with our legal team.
What Causes Drowsy Driving?
The driving fatigue problem on American roads is shockingly common. Many adults do not get enough sleep, and they are at risk of experiencing fatigue while driving. Common causes of drowsiness and falling asleep while driving include:
- Workers are increasingly under pressure to work long hours. They may work extended shifts or multiple jobs and are chronically exhausted.
- Long-haul truckers are at risk. Despite regulations requiring rest breaks, truckers may be under pressure to keep driving for long periods.
- Everyone has a sleep/wake cycle, called a circadian rhythm, that can be disrupted. Our bodies are regulated to sleep at specific times. The brain’s “sleep” drive increases during the mid-afternoon and at night, so employees working long hours or shift workers are especially vulnerable.
- Most people constantly try to balance the demands of work, family, and many other responsibilities. People can feel worried or stressed out about these responsibilities, sleep less than they should, and suffer from chronic sleep deprivation.
- Sleep disorders can cause sleep deprivation. Many people do not realize that they suffer from restless leg syndrome or other disorders that can cause insomnia.
- Alcohol consumption and taking medications, both prescription and non-prescription, can cause drowsiness. These may also increase the degree of sleepiness stemming from any other cause.
If you want help dealing with the legal ramifications of a crash in which the other motorist was driving while tired, Viles & Beckman can help you out. Our Fort Myers driver fatigue accident attorneys can review your case and discuss your legal options with you. Meet with our Fort Myers personal injury lawyers.
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Common Car Accident Injuries
Drowsy driving that leads to a motor vehicle crash can cause all kinds of serious injuries, from minor injuries to lifelong disability and even death. There is an enormous financial burden and human cost to such injuries, and accident victims can be compensated. Common types of injuries reported in auto collisions caused by tired motorists include:
- Whiplash and other injuries that impact the back and neck
- Spinal cord injuries and others that can result in paralysis
- Concussions, traumatic brain injuries (TBIs), and other head and brain injuries
- Burn injuries
- Soft tissue injuries
- Broken bones
To secure compensation after a fatigued driving accident, partner with a lawyer who has relevant case experience. For example, a tired motorist slams their car into yours, and you suffer a spinal cord injury. Work with a spinal cord injury lawyer in Fort Myers who will do everything they can to help you maximize your compensation.
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Why Is Driver Fatigue Dangerous?
Insufficient sleep affects cognitive processes in many ways. It can hamper an individual’s driving skills and make it difficult for a motorist to drive from point A to point B safely. Some of the symptoms of driver fatigue include:
- Slow time to react
- Poor concentration
- Bad judgment when reacting to road or traffic conditions
- Impaired vision
- Agitation or impatience with other drivers
- Driving too slow or too fast
- Drifting across lanes
- Rolling stops
If someone displays symptoms of driver fatigue and causes your accident, you can hold this party accountable. Consult with a driver fatigue accident lawyer in Fort Myers. Together, you and your lawyer can seek maximum compensatory damages from the at-fault party.
Click To ContactWarning Signs of Driving Fatigue
Driver fatigue can affect any motorist. There are many warning signs of tired driving. Here are signs that the other motorist involved in your accident may have been operating their vehicle while fatigued:
- Excessive yawning or fidgeting
- Inability to recall the last couple of miles
- Difficulty concentrating
- Difficulty adjusting to sudden changes in the road, such as construction
- Difficulty carrying on a conversation
- Drifting across the road
- Heavy eyelids or frequent blinking
- Missing traffic signs, exits, or signals
A police report or other proof may indicate that the other driver involved in your accident was dealing with these or similar issues when your crash happened. If so, you may be able to prove that this individual was driving while fatigued. Your lawyer can collect evidence to support your argument, explaining why you should receive full compensation.
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Legal Liability for Driver Fatigue
If a driver is sleepy and aware of feeling fatigued before getting behind the wheel and causing an accident, then they may be considered negligent. Essentially, negligence is a failure to use reasonable care, which is defined as the way a prudent person would act in the same or a similar situation. The elements of negligence are:
- The defendant has a duty of care to the plaintiff.
- The defendant breached this duty.
- The plaintiff was injured due to the defendant’s actions.
- The plaintiff incurred economic or non-economic damages or both.
Suppose a motorist is operating their vehicle while tired. In that case, if they cause an accident and you suffer a serious injury, a driver fatigue accident attorney in Fort Myers can help you out. A catastrophic injury lawyer in Fort Myers can calculate your losses and help you gather evidence to prove you deserve damages.
How Do You Prove Fault in a Fort Myers Driver Fatigue Accident Case?
When a crash occurs, investigators are usually able to identify the driving errors that contributed to the accident. Drowsy driving cases are fact-intensive, and it can be difficult to prove fault. However, a typical case related to driver fatigue does have certain characteristics, such as:
- Only one vehicle is involved in the accident.
- The driver is traveling alone.
- There are no skid marks at the accident scene.
- The crash occurs on a highway.
- The driver says they did not check their blind spots.
- The driver says they could not stop quickly enough to prevent a rear-end accident or another type of collision.
A personal injury lawyer experienced in driver fatigue cases will investigate the facts of an accident. They can determine if fatigue may have been a factor in your accident. Witness statements, depositions, and work records may also yield evidence that will establish a case for driver fatigue.
Compensation You Can Get in Driver Fatigue Accident Personal Injury Claims
An injured party can get economic and non-economic damages after a fatigued driving car accident. A personal injury lawyer who has a wealth of experience in fatigued driving accident cases can put you in a position to get the most compensation possible after your collision. Here are some of the damages you could collect from responsible parties.
Medical Bills
In terms of who pays medical bills in a car accident, the driver responsible for your crash may be liable for them. If this motorist is tired, loses focus, and causes your collision, tell a lawyer who has extensive experience dealing with injury claims about it. From here, your lawyer can help you pursue compensation for your medical bills.
Lost Income
An injury can prevent you from working to the point where you may not be able to return to your job. In your tired driving accident lawsuit, your attorney accounts for your lost income. They can evaluate the financial consequences of your accident since you cannot work and ask for damages to cover your lost wages.
Car Repairs or Replacement
A personal injury law firm wants to examine your car repair and replacement costs in detail following your accident. If you paid to repair or replace your vehicle, you may deserve compensation for these costs. Your lawyer can use receipts highlighting your car repair and replacement expenses as evidence in your case.
Pain and Suffering
It can be tough to quantify emotional distress and other pain and suffering. Regardless, your lawyer will do so. They will review your accident and its consequences, evaluate the emotional, psychological, and physical harm you suffer, and seek damages for these and other subjective losses.
Loss of Consortium
You could recover damages if a fatigued driving accident impacts your relationship with a spouse, child, parent, or another member of your family. A lawyer provides legal services to you and your family. They can help you secure damages for this and other losses as you and your loved ones support one another during this difficult time in your lives.
For an accident victim, it may seem like limited legal options are available. Fortunately, your lawyer is part of a legal team committed to helping you in any way possible. Your attorney understands the recovery process that follows an auto crash and provides you with legal guidance and support as you request damages from a liable party.
How Car Insurance Works After a Fatigued Driving Accident
Florida is a “no-fault” state for auto insurance. If you are involved in a car accident in which the other motorist was driving while fatigued, your insurance company could cover your losses. This is in spite of the fact that your accident may be the result of someone else’s failure to follow the rules of the road.
After a rear-end collision or any other type of fatigued driving accident, notify your insurance company and the business can start a claim for you. Your insurer may find that the other motorist was fatigued and caused your accident. In this situation, you may get compensation from your insurer that covers all of your damages.
Alternatively, your insurance company may give you only a portion of the compensation you want. Or, your losses may be more than what your insurance policy covers. To fully recover financially from your accident, you can work with a lawyer who can file a personal injury lawsuit on your behalf.
How Much Time You Have to File an Injury Lawsuit After a Fatigued Driving Car Accident
The statute of limitations for a personal injury lawsuit is two years. As an example, a truck accident attorney can help you file an insurance claim or personal injury lawsuit before the statute of limitations in which you are allowed to do so expires. They can give you a timeline of a personal injury case.
Requesting damages and getting compensation are two very different things. A legal team understands your accident-related losses. Yet, an at-fault party may commit time and resources to dispute your case to the fullest extent, making the legal process incredibly challenging for you.
Having a legal team at your side is key. A personal injury law firm takes no shortcuts during your litigation. Instead, team members prioritize your recovery, helping you build an argument that shows you have suffered auto accident injuries and deserve fair compensation.
Tips to Help You with Your Fatigued Driving Accident Case
Hiring a personal injury law firm can make a world of difference in your case. This firm considers the facts of your case and looks for ways to craft a compelling argument. Plus, you can work with personal injury attorneys who will provide many tips to assist you throughout your litigation, such as:
File Your Claim Promptly
If you wait too long to pursue damages, you could miss out on your opportunity to get compensation from a liable party. For instance, in fatigued driving accidents involving commercial trucks, victims may be able to sue the trucker, their employer, or both. With help from a truck accident lawyer in Fort Myers, you can hold any at-fault parties liable.
Avoid Sharing Information About Your Accident on Social Media
Posting photos and videos about your accident on social media can do more harm than good. If an accident victim publishes content online, this is generally available. Therefore, an at-fault party could access this content and try to use it in their case against you.
Do Not Speak to the Other Driver After Your Collision
If the other driver contacts you following your crash, tell your lawyer. This negligent party may try to get you to say you are partly liable for your accident or convince you to accept a lowball settlement. Let your lawyer speak for you, and they can help you avoid saying anything that could hurt your chances of getting maximum compensation.
Continue to Receive Medical Care
Treating your injuries after a fatigued or distracted driving accident is paramount. This allows you to get the care you need to recover as quickly as possible. Meanwhile, you can use your medical records and bills to strengthen your case further and boost your chances of securing fair compensation from a negligent party.
Along with medical records and bills, accident scene photos and videos, traffic camera footage, and other proof could be used in your argument. Ultimately, evidence can be used to prove drivers of commercial vehicles or others are at fault. Your lawyer understands this, and they work diligently to help show a judge or jury that damages should be awarded.
Filing a Fatigued Driving Crash Wrongful Death Lawsuit
A family member suffers severe injuries in a fatigued driving collision. You and your loved ones pay for medical care, but this individual cannot recover. The last thing on your mind at this point is filing a wrongful death lawsuit, but doing so can help you get fair compensation from an at-fault party that benefits you and your family moving forward.
If you are unsure if you should file a claim for fair compensation, discuss your case with a wrongful death lawyer in Fort Myers. The attorney is empathetic and caring, and they want to support you and your family. They can determine if you are eligible for a wrongful death claim and, if so, submit your claim immediately.
You may be able to file a wrongful death claim if you are a spouse, child, parent, or family member of a deceased person (decedent). In your case, you can request compensation for your loved one’s funeral and burial expenses and other losses. Your attorney handles your case for you so you and your family can continue to focus on your matters.
How Comparative Negligence Applies to a Fatigued Driving Crash Case
You prioritize drowsy driving prevention, but you cannot control another motorist’s actions. If a driver is operating their vehicle while fatigued and causes you to suffer severe injuries, you could sue them. On the other hand, this motorist could claim you are partly at fault, which can keep you from getting full damages.
Florida has a modified comparative negligence statute in effect. Based on this, if you are 1-50% liable for your accident, a judge or jury can reduce the damages you receive by your percentage of fault. In a situation where you are primarily at fault, you cannot recover damages.
Your lawyer uses accident scene proof and other evidence to help you show that the other party is at fault. Throughout the legal process following your catastrophic accident, your lawyer searches for ways to enhance your body of evidence. They could prove a trucking company or other parties deserve to be held accountable for your losses.
Our Fort Myers Driver Fatigue Accident Lawyers Provide Legal Support That Feels Like Family
Drowsy driving is the result of a dangerous combination of driving and sleepiness or fatigue. It is a danger for the driver and everyone else on the road. Most of these accidents happen when the driver has not had enough sleep, but untreated sleep disorders, alcohol, medications, and work schedules can also be factors.
If you have questions or concerns about what to do after an accident involving a fatigued driver, Viles & Beckman can assist. We fight for you like you are our family at each stage of your litigation. Schedule a consultation with our lawyers.
Viles & Beckman, LLC
6350 Presidential Court
Fort Myers, FL 33919
T: (239) 334-3933
Call or text (239) 334-3933 or complete a Free Case Evaluation form
