Maison Law represents victims of drowsy driving accidents in California. If you or a loved one has been injured in a drowsy driving accident, the experienced legal team at Maison Law is here to get you the compensation you need to fully recover your damages. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a Drowsy Driving Accident in California?
Since the invention of motor vehicles, drowsy driving has become a serious threat to public safety. According to the National Sleep Foundation, 60% of U.S. drivers admit to driving with little to no sleep. The National Sleep Foundation’s studies have also shown that driving while tired can be just as dangerous as drunk driving. Driver’s motor skills become greatly compromised if they have not had adequate rest before getting behind the wheel. These factors can, unfortunately, result in some horrific accidents as drowsy drivers usually do not slow their vehicle in time before colliding with another driver.
For this reason, it is recommended to seek the counsel of an experienced drowsy driving accident attorney. While most drivers will have insurance to cover your damages, car insurance companies will not be looking to compensate you for the long-term impact an accident will have on your life. An accident attorney will ensure you are entitled to full compensation for your damages. An attorney will also perform the following:
- Assist in making sure you receive medical care and managing your ongoing treatment as needed
- Advise you of your legal rights and options for exercising them
- Investigate the incident, gathering evidence such as camera footage, witness statements, and police reports)
- File a personal injury claim with the bus company’s insurance and present a lawsuit to other at-fault parties involved
- Handle all communication and negotiations with the insurance adjusters
- Represent you in court if no settlement can be reached and your case goes to trial
Most Common Liable Parties of Drowsy Driving Accidents
Drowsy driving accidents are the cause of nearly 100,000 crashes, along with 50,000 injuries and 1,000 deaths per year in the United States, according to the National Highway Transportation Safety Administration. Drowsy driving accidents are so common because most drivers are not capable of safely operating a motor vehicle once they are tired. Fatigued drivers have much slower reaction times and fail to turn in time, or hit the breaks to avoid an accident. Drowsy drivers often miss important details such as vehicles entering their blind spot or a pedestrian having the right-of-way at a crosswalk. The most common violators of these acts include:
- Commercial Drivers: this includes tractor-trailers, buses, and tow trucks.
- Late-night workers: people working long shifts with frequent overtime often find themselves drowsy behind the wheel.
- Long-distance travelers: People driving across state lines will be behind the wheel for long hours and will most likely find themselves driving with inadequate sleep.
- Victims of sleep disorders: some people suffer from severe sleep disorders, which deprive them of rest.
- Medicated individuals: Prescription medications can cause drowsiness and put some drivers at risk when they elect to operate a motor vehicle on prescription drugs.
How Do You Prove Drowsy Driving?
To prove another driver hit you due to drowsy driving, you must prove the at-fault driver failed to uphold their duty of care toward other drivers by operating their vehicle when fatigued, which directly resulted in their accident. Proving drowsy driving can be complicated, but it is not impossible to prove. The act of drowsy driving is typically through an investigation performed by an attorney. This could be through direct admission by the at-fault driver through interrogatories, discovery, or depositions. Or, drowsy driving can be proven with evidence such as: written police reports, witness statements, traffic cameras, the at-fault party’s work schedule, and driving record.
What is the Average Settlement Amount for a Drowsy Driving Accident?
The settlement amount is decided by the legal damages you are entitled to recover. The defense bases its settlement offer on what they believe your legal damages would be worth if your case went to trial. However, there is no predicting what the average settlement would be as the results of each drowsy driving accident case vary widely on a case-to-case basis. Your specific economic and non-economic damages will largely determine what your case is worth. These damages include:
- Special Damages: medical bills, ongoing treatment, costs that accumulate when you’re unable to work, like rent or mortgage payments
- General Damages: these are non-economic hardships like pain and suffering, anxiety, depression, mental trauma
- Wrongful Death Damages: these damages may be sought by a spouse or close relative for funeral arrangements, burial expenses, and medical treatment before a loved one’s death
- Punitive Damages: these damages are rare, but if the driver engaged in reckless driving with the intention of hurting you, then you could sue for punitive damages
In most cases, the more severe your injuries and the longer they impact your life, the greater your compensation will be. A reputable personal injury lawyer can help you understand the value of your case and will protect your right to fair compensation.
Contact a Drowsy Driving Accident Lawyer in California
If you or a loved one have suffered injuries due to the carelessness of a drowsy driver, the accident attorneys at Maison Law can help you obtain the compensation you need to get your life back. We know how traumatic and overwhelming a vehicle accident can be, but our firm is ready and willing to support you through every step of the legal process. Contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our legal services and you don’t pay a cent until your case is won.
