Car accidents caused by fatigued drivers can have serious consequences. Drivers must get the proper amount of sleep and rest before they get behind the wheel. Otherwise, they are a risk to both themselves and everyone else around them on the road. A driver's diminished awareness and driving skills raise the risk of crashes, and they only have to fall asleep or nod-off briefly to cause a severe accident.
If you have suffered an injury in an accident caused by a fatigued driver, you can receive a settlement check for your injuries. However, the standard rules for every car accident case also apply to your claim, meaning that you must prove fault and demonstrate your entitlement to damages. The best way to put yourself in a solid legal position is to hire an experienced Minnetonka car accident lawyer right after the accident without delay.
When it comes to proving liability in a fatigued driving car accident case, it can be challenging. However, an experienced car accident attorney has the knowledge and resources to gather evidence and build a strong case on your behalf. Your lawyer can get to the bottom of what happened in the accident and build the case you need to establish your legal right to financial compensation. Otherwise, you may be at the mercy of the insurance companies, which do not want to pay you the total amount you deserve. They will stop at nothing to frustrate your case and save money.
Many Things Can Fall Under the Category of Fatigued Driving
Fatigued driving is about much more than not getting enough rest, even though lack of sleep plays a significant role. Not only does a driver need enough sleep, but the rest they get must also be good quality. It is possible to get sleep that does not leave you feeling rested and refreshed.
The driver may have gotten sleep, but they may be getting in their car after a particularly grueling physical stretch of labor, which can qualify as fatigued driving. In addition, prescription medication may cause a driver to feel tired. Certain prescriptions, such as some controlled substance pain medications, are even illegal to take before driving.
Fatigued Driving Can Be Extremely Dangerous
Many people underestimate the dangers of driving while fatigued. They think that if they have not had anything to drink before getting behind the wheel, they are not a danger to anyone else on the road. This line of thinking is far from the truth; tired drivers can be every bit as dangerous as drunk drivers. Studies have shown that drivers who are operating a car without having slept in 20 hours are as hazardous as a motorist who has a blood alcohol content of .08 (which is the legal limit for drunk driving in every state).
Fatigued driving can have the following impact on motorists:
- Clouded judgment because they cannot think clearly
- Dulled reflexes
- Reduced attention behind the wheel
- More likely to fall asleep
Fatigued Driving Is Far More Common than You Think
In fact, about one in every 25 drivers admit to falling asleep behind the wheel. These are only the drivers who told a surveyor that they fell asleep - many more drivers have done so and get behind the wheel when tired.
Even if a driver nods off briefly in their car, it presents a danger to themselves and other drivers. In the few seconds when the driver is asleep, their vehicle can travel hundreds of feet, and they miss a turn or run a red light.
There is a wide discrepancy in the reported amounts of drowsy driving accidents. One figure places the annual total around 100,000. However, other estimates say that the actual amount of these accidents is triple.
Why Fatigued Driving Accidents Are So Dangerous
In recent years, fatigued driving reportedly caused 693 deaths. For every fatality, there have been countless more people who suffered severe injuries in these crashes. Fatigued driving crashes tend to be more serious than other types of car accidents for the following reasons:
- These accidents tend to occur at a higher speed than other crashes because the driver does not have a chance to slow down.
- A fatigued driver operates their vehicle more erratically than others, leading to unpredictable crashes.
- Other drivers cannot anticipate the actions of a fatigued driver to take evasive measures.
Fatigue Does Not Allow a Driver to Escape Liability for an Accident
Fatigue is not an excuse for the driver's actions. It is up to the individual driver to know when they should not be behind the wheel, and if necessary, they should even pull their car over to rest. If a fatigued driver causes an accident, they cannot use their lack of sleep to escape liability. They are legally responsible, like any other driver, mainly because they should not have gotten behind the wheel.
You Need to Prove Negligence to Win Your Case
You do not have to prove that the driver was driving while fatigued to win your case; you must, however, demonstrate that they were negligent. Showing that the driver was driving while fatigued can help you win your case, especially when there is a close call on liability. For example, if the other driver was telling a different story, you may need other forms of proof that can show that they were to blame for the accident.
Proving that the other driver was driving while fatigued at the time of the accident can be challenging. No medical or blood test can show how much sleep the driver got. Unlike truck accident cases, no event data recorder shows the car's hours of operation.
How You May Be Able to Prove Fatigued Driving
Some evidence shows that a driver may have been driving while fatigued during the accident. For example, witnesses can testify that the motorist drove erratically before the crash. Dashcam or traffic cam footage can also show how the motorist was driving.
Your lawyer will gather other evidence that shows the driver's state at the time of the accident. For example, their employment records may show that they worked a double shift before the accident and had not slept since then. Your lawyer can obtain phone records proving that the driver was awake for an extended period. In most cases, your lawyer may not need to go to these lengths. Still, it may be necessary in a complicated case when you are struggling to prove liability, or the other driver's insurance company is trying to blame the accident on you.
How a Car Accident Lawyer Helps in a Fatigued Driving Case
In any event, it helps to hire a car accident attorney right after the accident so they can get to work securing your financial compensation when someone else was responsible for the accident. A lawyer can do the following for your case:
- Investigate the accident and gather evidence that can prove that someone else was responsible
- Estimate the value of the damages that you are seeking from the insurance company
- Prepare the insurance claim (or lawsuit) to file on your behalf
- Continue to deal with the insurance company throughout the process, handling all communications
- Negotiate a settlement agreement with the insurance company or take your case to court if you cannot agree
Damages in a Fatigued Driving Case
If you have suffered an injury in a fatigued driving accident, you have the right to compensation for all the harm that you have endured. These damages can include financial losses and the effect of physical injuries.
Your economic damages can include the following:
- The complete costs of your past and future medical expenses
- The property damage that your vehicle sustained
- Lost income, or the reduction in your earnings capacity on account of your injuries
- The costs of any care that you need to assist with activities of daily life
- Medical equipment related to your injury
Your non-economic damages are subjective and represent the impacts of your injuries.
Non-economic damages can include:
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Embarrassment and humiliation
- Emotional distress
You Will Still Need to Battle the Insurance Company
Your damages in a fatigued driving accident case may be even higher because of the extent of the injuries that you have suffered. However, insurance companies may see things differently. First, you must persuade them that their driver was responsible for the accident. Even if liability was more apparent after the car accident, it can be just the beginning of your battle with the insurance company.
You can never expect insurance companies to make you a fair settlement offer, especially at first, and you must negotiate with them for practically every dollar you get. The settlement negotiation process can take considerable time from start to finish, even when you have hired a car accident lawyer. Insurance companies do not want the process to go quickly because they think they hold all the cards. Hiring a car accident lawyer will remove some of the insurance company's power, giving you leverage during negotiations.
You Will Need to Negotiate
Your lawyer will likely advise you to reject at least the first settlement offer that the insurance company makes, and the same thing may hold true for the second and third. You will be seeking a specific amount of damages. Over time, the gap between you and the insurance company may narrow to the point where you can get closer to a settlement agreement.
Insurance companies rarely want to go to court for a case involving a fatigued driver because they usually cannot make a case to the jury that they should not be liable for the accident. The only reason why they may go to trial is if you cannot agree on a settlement amount. Then, a jury will decide how much you may receive in compensation. If you win your case, a jury often awards you more in compensation than you may have received in a settlement agreement, but there is also a chance that you may lose your case.
Get Legal Help to Maximize the Value of Your Fatigued Driving Accident Case
You need to hire an experienced car accident attorney after being in a fatigued driving car accident. There is no such thing as a cut-and-dry car accident case where the insurance company makes things easy on you. An attorney helps you get the most money for your car accident case by keeping the pressure on the insurance company. If you try to handle the case independently, you will not get respect from the insurance company and may not get total compensation for your injuries.
One of the key benefits of hiring an attorney for a fatigued driver accident case is that most car accident attorneys work on a contingency fee basis, meaning they only get paid if they win your case. You will not owe them any money if you do not receive a settlement or a favorable court verdict. This arrangement allows you to pursue justice without worrying about upfront costs or paying legal fees.
In addition to the contingency fee structure, many attorneys offer free initial consultations. You can meet with an attorney to discuss your case and get their professional opinion without any financial obligation. During this meeting, the attorney will evaluate the details of your accident, gather evidence, and determine the strength of your case. They will explain the legal process, answer your questions, and provide guidance on how to proceed. This initial consultation allows you to assess whether the attorney is the right fit for you and whether you feel comfortable working with them.
Hiring an attorney can be a wise decision when it comes to a fatigued driver accident case. Not only does it cost you nothing out of pocket, but it also increases your chances of obtaining a fair and just settlement. An experienced Minnetonka personal injury attorney will understand the complexities of these types of cases and will know how to navigate the legal system to ensure you receive the compensation you deserve. They will handle all communication with the insurance companies, gather evidence, negotiate a settlement on your behalf, or represent you in court if necessary. Having an attorney by your side will provide you with the peace of mind and support you need during this challenging time.
Steve Fields
Founder | CEO | Principal | Attorney
Steve Fields founded Fields Law in 2001 and quickly established a reputation with his Personal Injury clients for being a lawyer who truly cares. After more than 20 years, those clients continue to refer their friends and family whenever they have been injured or become disabled.
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