According to the National Sleep Foundation, approximately 40 % of drivers report driving while drowsy, which consequently results in more than 100,000 car accidents every year. If you are involved in a car accident caused by a fatigued driver, you can be left with serious injuries or with damaged or destroyed property.
When you are hurt in an accident caused by a fatigued driver, you may be eligible to receive compensation for the financial devastation the accident caused. An accident caused by fatigue attorney serving Mount Pleasant can help you file an insurance claim or lawsuit for the financial expenses and losses that come in the aftermath of an accident caused by a fatigued driver.
At George Sink, P.A. Injury Lawyers, we will help you hold the at-fault driver financially responsible for his/her negligent deeds. Call us as soon as possible after the accident.
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Understanding Truck Driver Fatigue
Driver fatigue is a form of impairment that affects drivers. While it may be closely related to driving under the influence or distracted driving, it is different in the sense that it is caused by drowsiness.
Being tired makes it difficult to focus on driving, impairs your ability to make accurate decisions, and slows your reaction time. Other ways that driver fatigue may impact driving skills include:
- Reduced attention
- Cloudy thoughts
- Blurry vision
- Impaired judgment in reacting to situations
- Lane drifting
If you encounter a driver who appears to be fatigued, it is best to move your car off the road for your safety purposes and alert the police of the potential hazard of the fatigued driver. According to the Centers for Disease Control and Prevention (CDC), these are the signs of a fatigued driver to look out for:
- Excessive yawning of a driver
- A driver who appears to be nodding off
- Driver shifting lanes abruptly
- A driver who appears to be under the influence of alcohol or drugs
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Driver Fatigue Is Grounds for Legal Liability
All drivers carry a responsibility to drive reasonably and prudently. The decision to drive in a condition that compromises the safety of other road users is grounds for legal liability. Therefore, every driver is expected to avoid driving when their level of fatigue is unreasonable for them to drive.
Driver fatigue that amounts to lack of reasonable care is a form of negligence that can be used to determine liability for a personal injury traffic accident. If you can demonstrate that the at-fault driver is negligent, you have the right to claim fair compensation for the damages that include medical expenses and pain and suffering.
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We Can Help You Investigate Truck Driver Fatigue as a Factor in an Accident
Proving that a driver caused an accident as a result of fatigue can be difficult. This is because most motorists have no restrictions as to the number of hours they drive nor do they record their driving hours. But, an accident caused by fatigue lawyer in Mount Pleasant can help you piece up crucial evidence regarding the events that took place before the accident and help you build a strong case.
Our legal team will help collect information that may indicate sleep deprivation or fatigue, such as:
- The distance the motorist covered without breaks
- Witness testimony
- Employment data
- Phone records
If the driver at fault is a truck driver, it is relatively easier to investigate fatigue as a factor in the accident. The Federal Motor Carrier Safety Administration (FMCSA) sets hours-of-service rules (HOS) meant to prevent truck drivers from driving when they are too tired. The rules put limits on the number of hours that a truck driver can drive in a day without a break.
Similarly, there are set limits of driving hours over the course of a week. In a case involving a truck driver, our legal team will help collect data from the driver’s logbook and work records to determine if he/she complied with the HOS rules. Violation of HOS is negligence per se, which puts liability on the at-fault driver.
In another situation, a truck driver may still be exhausted even when working within the parameters of HOS rules. In such a case, compliance with the HOS rules does not relieve them of the liability. Our legal team will help uncover the driver’s activities before or during the trip that may have caused fatigue and by extension the accident.
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Damages Available in a Truck Accident Caused by Fatigue Case
There are two ways that the legal team at George Sink, P.A. Injury Lawyers can pursue compensation on your behalf after an accident caused by fatigue. An accident caused by fatigue lawyer serving Mount Pleasant can help in either filing an insurance claim in an effort to negotiate a fair compensation or filing a personal injury lawsuit.
But before we file an insurance claim or a lawsuit, our team will help document the expenses, losses, or damages arising from the accident. The documentation will be instrumental in proving damages and ultimately demanding fair compensation based on them. Some of the recoverable damages may include:
- Medical treatment, both current and future, related to the accident injuries
- Costs related to care and support, both in the current and in the future
- Loss of earnings
- Property damages
- Non-economic damages such as pain and suffering
Driving while drowsy has been linked to more fatal crashes as well. If you have lost a loved one in an accident caused by fatigue, we will help you pursue wrongful death damages. Contact us for a free case review.
Talk to an Accident Caused By Fatigue Lawyer in Mount Pleasant
Driver fatigue is one of the many preventable causes of vehicle accidents. If you have been injured in a car accident attributed to driver fatigue, we believe that it is your right to recover compensation for your losses.
Feel free to contact one of our team members to start preparing a case against the at-fault driver and the insurance company. Call George Sink, P.A. Injury Lawyers to discuss the details of your case today.
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