A driver needs all their senses and reflexes to be safe on the road. Safety means that the motorist keeps their full attention focused and does not look away from where they are driving. It also means the driver gets enough rest before they get behind the wheel, whether it is sleep or taking the time to recharge after doing something physical. Unfortunately, far too many motorists are fatigued when they drive. Fatigued driving can lead to serious accidents, causing severe injuries or death.
If you or a loved one has been injured in a drowsy driving accident, you may be entitled to financial compensation. Seek the help of a car accident attorney to maximize the value of your case.
Fatigued Driving Can Be as Dangerous and Drunk Driving
Many drivers do not realize the full effect of getting behind the wheel when they have not rested properly. A motorist who drives when they have not slept for twenty hours is impaired in the same way as one who has a blood alcohol level of .08 percent. In other words, fatigued driving is every bit as dangerous as drunk driving.
Fatigue is not limited to not getting enough sleep. One can be fatigued when they are physically tired and have not taken the time to rest. For example, a driver could be fatigued when they are coming home from a long shift at work.
How Fatigue Can Affect a Driver
Fatigue has a number of effects on a driver, including:
- Significantly slowing the driver’s reaction time to any challenges
- Increasing the chances of falling asleep behind the wheel
- Making it more difficult to concentrate on driving, and a driver is more prone to daydreaming
- Potentially drifting out of their lane because they are not fully alert
- Not having the same sharp judgment when they are making decisions
The driver may have no idea that they are fatigued. They may realize they are tired but think that they are okay to drive. It is only after they cause a serious accident that the extent of their fatigue may become clear.
In such situations, drivers should still be liable for the harm they cause, even if they did not intentionally put others at risk. Your car accident attorney can identify when fatigue might have played a role in your collision.
Drowsy Driving Can Cause a Motorist to Fall Asleep
Of course, fatigued driving increases the risk that the driver might fall asleep behind the wheel. Surveys show the full extent of the fatigued driving problem. Roughly one in every 25 motorists admit falling asleep behind the wheel in the last 30 days. These are just the drivers who admit to a surveyor that they have fallen asleep. The true number may be much higher. This figure also does not include drivers who make other mistakes when they are sleep-deprived.
Another study found that 17.6 percent of fatal car accidents over four years involved a drowsy driver. In one year alone, nearly 7,000 people lost their lives in crashes involving a drowsy driver.
Common Injuries from a Drowsy Driving Crash
Fatigued driving crashes can be extremely dangerous for the driver and others on the road. These crashes often occur when the driver is traveling at high speeds, as fatigue often sets in during highway driving. The driver might suddenly make unpredictable movements that another driver will never anticipate, leading to a collision.
Fatigued driving crashes often result in the following injuries, among others:
- Fractures and broken bones
- Cuts and lacerations
- Internal injuries
- Head and neck injuries
- Soft tissue injuries
- Traumatic brain injuries
- Spinal cord injuries
What to Do After You Have Been Injured in a Drowsy Driving Accident
You must seek medical care if you have been injured in a fatigued driving accident. If you were not treated at the scene or sent to the emergency room, you should still see a medical professional as soon as possible after the crash if you feel like you are experiencing any symptoms of an injury.
You should also contact a Nashua car accident attorney to lead the effort in the legal process. They will investigate the accident and assemble the necessary proof that the fatigued driver was to blame for the crash.
Proving Negligence in a Fatigued Driving Accident
You may not have to prove that the driver was fatigued to win a car accident case. A tired driver likely engaged in negligent driving actions due to their fatigue. For example, they may swerve out of their lane and hit cars in adjacent lanes or might even veer into the path of oncoming traffic. This conduct constitutes negligence whether the driver was tired or rested.
However, having proof that the driver was fatigued can help your case in several ways. First, this evidence can strengthen your liability claims if there is any question about who was at fault for the accident. Second, proving fatigue can also put you in a stronger position for settlement negotiations. The insurance company may not want to take the case to court when there is strong evidence against their policyholder.
How a Nashua Car Accident Lawyer Helps Your Case
A car accident lawyer will also estimate the damages you suffered in the crash so you can seek the right amount of compensation. You have the option of filing a claim against the responsible driver’s insurance policy or filing a civil lawsuit in Nashua courts. Your car accident attorney will advise on the most effective way to seek compensation.
If you have received a settlement offer from the insurance company, your car accident lawyer will review it and determine whether it is fair and covers your losses. Chances are that you will reject at least the initial settlement offer, since it rarely is for the full amount of money you are due. Your car accident attorney might need to negotiate with the insurance company to reach a favorable settlement. If you cannot reach a settlement agreement, a jury can decide your case at the conclusion of a lawsuit.
Seek your free consultation with a Nashua personal injury lawyer today. Time is of the essence, and consultations are free.