Many people in Roswell fail to get enough sleep each night. Others are overstressed because of work or life concerns. If a driver takes these issues with them onto the road, their fatigue can lead to an accident. If you were injured in this type of accident, it’s time to talk to a lawyer.
Our Roswell fatigued driver accident lawyers can help. At John Foy & Associates, we can help you seek compensation for your accident damages. With over 20 years of experience, we know what it takes to win cases. We also do not collect a fee unless we win your case.
After an accident with a fatigued driver, don’t hesitate to call. You have limited time to bring a legal claim.
Call (404) 400-4000 or contact us online to get a FREE consultation today.
Main Causes of Driver Fatigue
Fatigued drivers are too common on Roswell roads. Common reasons for driver fatigue include:
- Long, strict work schedules
- Lack of restful sleep
- Night driving
- Life-related stress
- Long-distance driving
- Medications that cause drowsiness
- Undiagnosed sleep disorders
Driver fatigue is especially common with commercial drivers. Truck drivers are on the roads at all hours. They also have long shifts that can easily cause drowsiness. If the driver abuses caffeine, alcohol, or drugs to handle the stress, that can further lead to fatigue.
Commercial drivers must follow rules and regulations for driving safely. However, trucking companies also have strict deadlines to meet. That can put a lot of pressure on drivers to forgo rest. The company might even cut corners to move cargo faster.
If you suspect a fatigued driver caused your accident, don’t ignore it. Talk to a lawyer who can help you gather proof and build an injury claim. You should not have to pay for someone else’s negligence.
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Liability and Fatigued Drivers
Everyone in Roswell has a duty of care to others on the road. Commercial drivers have an even higher duty of care, according to the Official Code of Georgia Annotated (OCGA) §46-9-1. Part of that duty involves being rested enough to drive safely.
In many ways, driver fatigue is as dangerous as drunk driving. A fatigued driver is impaired because of:
- Lower reaction times
- Blurry vision
- Decreased alertness
- Irritability
- Falling asleep behind the wheel
If a driver is fatigued, they’re not fit to drive. So, if someone causes an accident due to tiredness, they are negligent in the crash. You will need to show how the other driver’s actions led to your accident.
A fatigued driver has failed in their duty of care. Your personal injury claim must show this and how it entitles you to compensation for your damages.
Filing a Personal Injury Claim
The at-fault driver in an accident is responsible for the damages. This usually means you can file a claim with the driver’s auto insurance company. If so, you’ll need to prove the following:
- The driver owed you a duty of care.
- The driver breached their duty of care by driving while fatigued.
- The fatigued driver’s actions led to your accident.
- The accident caused your injuries and damages.
Your claim should also include your accident damages like:
- Medical costs
- Lost wages
- Property damage
- Pain and suffering
A Roswell fatigued driver accident lawyer can help you build a strong claim, accounting for each of your damages. At John Foy & Associates, we’ll gather the best evidence of your injuries and costs. We can also handle the insurance company if you get a lowball offer. We know what it takes to negotiate a fair settlement.
Contact us today to discuss your case during a free consultation. Call (404) 400-4000 or contact us online to get started today.
A Lawyer Helps You Handle the Insurance Company
Insurance companies care the most about their bottom line. When an accident happens, the insurer will work to pay as little as possible. They might use tactics like:
- Downplaying your damages
- Questioning your injuries
- Offering you a lowball settlement
- Asking you to give a recorded statement
Insurance adjusters know what they’re doing. Their job is to look for ways to reduce the company’s costs. So, be careful what you say and avoid admitting any blame. Also, avoid talking about the accident or compensation before you have a lawyer.
An experienced lawyer can handle the insurance company for you. When an insurer sees you have an attorney, they are more likely to make a fair offer. A lawyer can also negotiate with the insurance company for a better settlement.
Whatever you do, don’t accept the first settlement offer. It will be a lowball offer that more than likely will barely cover any of your damages. Instead, contact a lawyer to discuss your rights.
How to Prove the Other Driver Was Fatigued
Your insurance claim will need to show that the other driver was fatigued. It should also prove that the driver’s fatigued actions led to the accident. Gathering evidence of this can be difficult, but a lawyer can help.
The following evidence might help prove fault in a fatigued driver accident:
- Pictures from the scene
- “Black box” data from the truck
- Work logs for the driver
- Eyewitness statements
- Traffic or surveillance camera footage
Your lawyer will know the best evidence to collect for your claim. Proving driver fatigue isn’t easy, but that’s where your attorney can help. The key is to show how the driver’s actions led to your accident and damages.
Every accident case is different. If you or a loved one were injured, don’t wait to speak with a lawyer about your legal rights.
Talk to a Roswell Fatigued Driver Accident Lawyer Today
Fatigued driver accidents can be incredibly serious. A drowsy driver can make careless mistakes that cause severe injuries and other damages. If you or a family member were victims, get help from a lawyer as soon as possible.
John Foy & Associates can help. With over 20 years of experience, we know what it takes to win cases. We’re not afraid of complicated situations like fatigued driver accidents. We can also stand up to the insurance companies and fight for your rights.
Call (404) 400-4000 to speak with one of our lawyers during a FREE consultation. You can also fill out the form on our contact page.
404-400-4000 or complete a Free Case Evaluation form