Driver fatigue is a serious factor in many Georgia auto accidents. If you were injured in a crash with a drowsy driver, an Augusta car accident lawyer can help you seek damages.
John Foy & Associates has been fighting for injury victims since 1999. If you were involved in a crash with a tired driver, a driver fatigue accident lawyer in Augusta can help prove liability and pursue the compensation you are entitled to.
The Role of an Augusta Driver Fatigue Accident Lawyer
Driver fatigue cases have a high burden of proof.
An Augusta personal injury lawyer can assist with your claim by:
- Investigating the accident: A lawyer can gather police reports, surveillance footage, witness statements, vehicle data, and other evidence to prove who is responsible for the crash.
- Calculating your damages: A lawyer can evaluate both your short-term and long-term losses and calculate your claim’s true value.
- Negotiating with insurance companies: Insurance adjusters often dispute fatigue claims because they can be difficult to prove. An attorney can present evidence supporting your claim and push for a fair settlement.
- Preparing for trial: If negotiations fail, a lawyer can file a lawsuit and present your case in court.
What Types of Compensation are Available?
The compensation available to you will depend on your injuries, financial losses, and the circumstances surrounding the accident.
You may be able to recover compensation for:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Permanent disability
- Loss of enjoyment of life
- Property damage
- Rehabilitation expenses
- Wrongful death (if the accident is fatal)
- Punitive damages (in rare cases)
How Long Do You Have to File a Claim in Georgia?
In most cases, Georgia law gives you two years from the date of a car accident to file a personal injury lawsuit. If you lose a loved one in a crash, you typically have two years from the date of their death to file a wrongful death lawsuit. Exceptions may apply in certain circumstances, such as if your case involves minors or government entities.
Missing the applicable statute of limitations can prevent you from recovering compensation altogether, so you should reach out to a driver fatigue accident attorney in Augusta as soon as you can.
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What if You Were Partially at Fault?
Georgia follows a modified comparative negligence rule. This means that you can still recover damages if you were partially responsible for the accident, provided you were less than 50% at fault. However, if you share responsibility for the crash, your compensation will be reduced by your percentage of fault.
If you are found to be at least 50% at fault for the accident, you will be barred from recovering damages.
What is Driver Fatigue?
Driver fatigue occurs when someone operates a vehicle while too tired to do so safely. Fatigue can result from inadequate sleep, long work shifts, overnight driving, medical conditions, medications, or extended periods behind the wheel.
Sleep deprivation affects the brain in ways similar to alcohol impairment. A fatigued driver may struggle to stay alert, react slowly to changing traffic conditions, or even fall asleep for several seconds without realizing it.
How Do You Prove Driver Fatigue?
Unlike in DUI cases, there is no roadside test that definitively measures a driver’s fatigue. Instead, you must gather evidence that proves they were driving while exhausted.
Useful types of evidence may include:
- Police reports
- Witness statements
- Driver admissions
- Surveillance video
- Dash camera footage
- Cell phone records
- Employment schedules
- Electronic logging device data
- Medical records
- Expert testimony
- Vehicle black box information
- Accident reconstruction analysis
Types of Accidents Caused by Driver Fatigue
Fatigue contributes to many different types of collisions, such as:
- Rear-end crashes
- Head-on collisions
- Sideswipe accidents
- Lane departure accidents
- Single-vehicle crashes
- Intersection collisions
- Highway accidents
- Truck accidents
- Motorcycle crashes
- Pedestrian accidents
Common Injuries in Driver Fatigue Accidents
Victims of drowsy driving accidents often suffer severe injuries, including:
- Traumatic brain injuries
- Spinal cord injuries
- Neck injuries
- Back injuries
- Broken bones
- Internal organ damage
- Facial injuries
- Burn injuries
- Crush injuries
- Amputations
- Soft tissue injuries
What to Do After a Driver Fatigue Accident in Augusta
The actions you take after a car accident will either help or hurt your injury claim.
You should:
- Call 911 immediately.
- Take photos of the vehicles, the roadway, and any visible injuries (if you can).
- Ask witnesses for their contact information.
- See a doctor right away, even if your injuries seem minor.
- Keep records of your medical bills, lost income, and other accident-related expenses.
- Avoid discussing fault with insurance adjusters.
- Speak with an attorney before agreeing to a settlement.
Talk to a Driver Fatigue Accident Attorney in Augusta
Drowsy drivers can cause devastating crashes. If you or someone you love was injured in one, an Augusta driver fatigue accident attorney from John Foy & Associates can help gather evidence that supports your claim and negotiate a settlement that covers all of your losses.
Book a free consultation to find out how you can pursue justice.
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