Car driver fatigue poses an immediate danger to motorists and those they share the road with. If motorists recognize signs of fatigue, they must leave the road immediately to rest and regain energy.
When motorists continue to drive after feeling fatigued, they need to pay for any accident they cause. If you or a loved one are the victim of a fatigued car driver, you can hire a Austin car accident lawyer to seek the compensation you deserve.
What Qualifies as Car Driver Fatigue?
In one recent year, more than 680 people died in the United States as a consequence of drowsy drivers.
Fatigue means someone:
- Has difficulty focusing on the road (and surroundings)
- Feels heavy eyelids
- Finds themselves closing their eyes for periods longer than a blink
- Feels they are losing consciousness or “dozing off” for brief periods
- Feels their arms, legs, or other body parts becoming tired
A motorist may also suffer from psychological fatigue. When someone is psychologically fatigued or burned out, they may:
- Find themselves zoning out instead of concentrating on driving safely
- Feel emotionally upset, which may contribute to instances of road rage
- Find it difficult to concentrate
- Feel a general sense of psychological overload
When a motorist is anything but alert and attentive, they can harm themselves and others.
Any Type of Impairment is Dangerous
A motorist’s ability to drive safely certainly decreases when tired.
A motorist may also be impaired when they are:
- Under the influence of alcohol or drugs
- Unable to see clearly
- Emotionally unstable
- Diminished in any other way
Thirty-two people die in America every day because of alcohol-impaired drivers alone. When you factor in the other forms of impairment, like fatigue, you realize how serious the problem of impaired driving is.
Some Motorist Are at a High Risk of Becoming Fatigued
Poor sleep, stress, or long hours at work can fatigue anyone, but shigh-risk groups for fatigued driving may include:
- Truck drivers: The nature of truck driving means long hours on the road. Truck drivers often operate on chaotic, busy roadways that can cause physical and psychological fatigue. Though hours of service regulations aim to reduce driver fatigue, truckers still face a higher-than-average risk of tired driving.
- Delivery drivers: Delivery drivers spend long hours on the road. These long hours can cause fatigue. In some cases, delivery drivers are fatigued even before they begin driving. Drivers for Uber, Lyft, restaurants, retail businesses, and others must refrain from driving when dangerously fatigued.
- Manual laborers: Those who perform physically taxing jobs may be prone to drowsy driving. Those who exert themselves in a physically draining manner and then drive may be more likely to become fatigued. Jobs that combine manual labor and driving and require a long commute at the end of the workday may be particularly hazardous.
- Drunk drivers: Alcohol reduces brain function. When someone drinks enough, they will eventually lose control of their function, become tired, and pass out. Therefore, alcohol intoxication is a clear precursor for fatigued driving.
- Those with sleeping disorders: If someone has a sleeping disorder, such as insomnia, apnea, or narcolepsy, they may fall asleep behind the wheel.
- Those taking prescription medications: Many prescription and over-the-counter medications list fatigue as a certain or possible side effect. Doctors must warn patients of these side effects, while motorists must research their medications to avoid drowsy driving.
Motorists must avoid driving while tired. This means taking precautions to avoid becoming tired (such as getting ample sleep the night before a long drive) and leaving the roadway as soon as signs of fatigue emerge.
Motorists Must Take Safe Steps to Avoid Driving While Fatigued
Nobody has as much potential to cause or avoid an accident as a motorist does. Though motorists cannot control some accident hazards (like vehicle defects), motorists know best when they are too tired to drive.
A motorist can avoid causing a fatigue-related accident by:
- Getting ample sleep when they know they will be driving the next day
- Safely drinking coffee, tea, Red Bull, or other caffeinated beverages to maintain alertness while driving (but not over-caffeinating as to create harmful side effects)
- Leaving the roadway when fatigue sets in
- Taking a nap to regain energy before resuming driving
- Finding a place to sleep when fatigue develops during nighttime driving
- Taking ridesharing services, taxis, or a similar service if you must go somewhere but are too tired to drive yourself
“It’s not like I’m drunk,” someone might tell themselves. The truth is, tired driving is just as dangerous as drunk- or drug-impaired driving.
If a motorist drives while tired and causes an accident, they must take accountability for the injuries, deaths, and property damage they cause.
Can Someone Other Than a Motorist Be Liable for a Fatigued Driving Accident?
A non-motorist can be liable for an accident caused by fatigued driving. You can hold such parties liable in addition to, or instead of, a motorist.
Those (other than motorists) who you can hold liable for a fatigued driving accident include:
- A medical professional who prescribes a dangerous drug: If a motorist was taking a drug that caused drowsiness, you can hold them liable for failing to research the drug adequately. However, if their doctor failed to warn that drowsiness was a possible side effect, the doctor may also be liable.
- An establishment that oversees an intoxicated motorist: If a drunk driver causes an accident because of alcohol-related fatigue, they are likely liable for the accident. However, you can hold an establishment that overserved the drunk motorist liable for its negligence.
- An employer who permits their employee to drive while tired: When an employer fails to enforce drive-time restrictions, fails to monitor motorists, or encourages employees to drive while tired, you can hold the employer liable for resulting accidents. This oftern happens in the trucking industries and delivery-related roles.
These are just a few examples that show how tired driving can be the fault of multiple parties. When you hire a car accident lawyer, your attorney will establish liability for the accident that caused you harm.
What Should I Do When a Fatigued Motorist Strikes Me?
If you suffered an injury in an accident with a fatigued motorist:
Get Medical Attention
Health should always be the top priority after any car accident.
You can ensure your health and safety by:
- Seeking a comprehensive physical examination
- Asking your doctor if medical imaging is necessary to diagnose and document injuries
- Following the doctor’s advice
- Refraining from physical activity and cognitive exertion as you work toward recovery
It can help if you also document your medical diagnoses and treatment to the greatest degree possible. Keeping medical bills, requesting copies of medical images and records, and keeping a journal of your injury symptoms are worthwhile steps.
Hire an Attorney
Hiring a car accident lawyer is also a step to consider.
Countless car accident victims rely on the help of car accident attorneys because:
- Car accident lawyers routinely represent accident victims, so they are well-versed in resolving insurance claims and lawsuits.
- Law firms provide immense financial support for car accident cases, including hiring experts and covering filing costs.
- Car accident victims often lack the time necessary to build an effective insurance claim or lawsuit.
- Car accident victims often have physical and psychological injuries that make them vulnerable to stress, worsening symptoms, and new medical problems.
- A lawyer will protect you from insurers, civil defense lawyers, and other parties wanting to see your case fail.
Once you choose to hire a car accident lawyer, find the right firm for your case immediately. Your attorney may face a statute of limitations for filing your case. The sooner you hire an attorney, the less you will worry about potentially missing the filing deadline.
A Lawyer Can Also Help if a Tired Driver Killed Your Loved One
Car accident lawyers don’t just represent those injured in traffic accidents. A lawyer can also help if you have tragically lost a loved one because of a fatal car accident.
You deserve to work through your grief in peace, but you may also face a deadline for filing a wrongful death case. By hiring a car accident lawyer, you can prioritize your healing process while an attorney seeks the financial recovery you deserve.
What Services Does a Car Accident Lawyer Provide?
Car accident attorneys provide comprehensive legal services tailored to their clients. While each case is different, common responsibilities of car accident lawyers include:
Protecting the Client
A lawyer’s first duty is protecting their client from harm.
Your attorney may fulfill this duty by:
- Dealing with insurance companies, who often place their own financial motives first
- Dealing with any other lawyers involved in the case
- Advising the client on all aspects of the case
- Helping the client draft and submit any necessary statements
- Reviewing any settlement offers with the client
Car accident lawyers understand the challenges and threats that may emerge during your case. They will rely on their legal knowledge and real-world experience to navigate the process.
Gathering Evidence as Quickly as Possible
Attorneys and their investigators spend their time gathering evidence.
A strong case has strong evidence, which may include:
- Video footage of the car accident
- Photographs of vehicle damage
- Eyewitness accounts of the accident
- An expert's reconstruction of the accident
- The police report detailing the car accident
Some evidence will not be available long after an accident, which explains a lawyer’s urgency in gathering it.
Documenting All Damages from the Car Accident
Your attorney will secure any medical records, bills, invoices for vehicle repairs, proof of work losses, and other documentation of your damages. Your lawyer may also consult experts to testify to your accident-related damages.
Calculating a Fair Settlement Value (and Fighting for That Settlement)
Your lawyer will determine the cost of each of your accident-related damages. Your attorney will then calculate the total cost of your collision, which will be their target for your settlement.
Once your lawyer knows how much money you deserve, they will negotiate a settlement. While negotiations can be a tense, months-long process, they may result in a substantial financial recovery for you.
Going to Trial, if Necessary
Experienced car accident lawyers prepare every case for court. While attorneys know the general process of a car accident case, each claim and lawsuit is unique. Therefore, your attorney should prepare for all possible outcomes.
What Compensation Does a Lawyer Seek Compensation for After a Fatigued Driving Accident?
Your lawyer will create a comprehensive, detailed record of your accident-related damages, which may include:
- Medical bills
- Lost income
- Diminished earning power
- Pain and suffering
- Mental health treatment costs
- Property expenses
If one or more of your damages are not on this list, rest assured that your lawyer will identify them and include them in your case.
Finances Are Tight. Can I Afford to Hire a Car Accident Attorney?
Yes. You can hire a car accident lawyer because their fee comes from your settlement or verdict, not your existing finances.
Hire Your Car Accident Attorney as Soon as You Can
Never miss the filing deadline for your case. Please immediately hire a car accident lawyer so they can assess your case as soon as possible. Further, the sooner you call, the fresher and stronger your evidence.
Case evaluations are no-cost with no obligation, so you should never wait to consult a personal injury lawyer and legal assistance.
