Driving while fatigued is not addressed enough in Roswell. Many people fail to get enough sleep each night and are overworked as it is. It’s easy to overlook the dangers of driving while underslept and fatigued. However, a fatigued driver is an unsafe driver that is at a higher risk of causing an accident. If you were injured in this type of accident, it’s time to speak with a Roswell driver fatigue lawyer.
You should not have to pay for the costs of a fatigued driver. At John Foy & Associates, we can help you protect your legal rights and pursue recovery for your damages. We have more than 20 years of experience helping injury victims all throughout Georgia, and we do not charge a fee unless we win you money.
If you were injured by or lost a loved one because of a fatigued motorist, don’t wait to get the risk-free legal help you deserve. Call (404) 400-4000 or contact us online and we’ll get you started with a FREE consultation today.
Driver Fatigue and Car Accidents in Roswell
According to the National Highway Traffic Safety Administration (NHTSA), there were 91,000 police-reported accidents involving drowsy driving in 2017. An estimated 50,000 people were injured and almost 800 were killed in those crashes. However, most specialists believe that these numbers are an underestimate.
Fatigued driving is rarely given the same awareness as drunk driving and even speeding—but it can be just as dangerous. Driving while sleepy affects many factors that are crucial to driving safely, such as:
- Reaction time
- Attentiveness to the road and
- Ability to make good driving decisions
All of the above increases the risk of accidents happening. If you or a loved one was injured in a car accident caused by a drowsy or fatigued driver, a Roswell driver fatigue lawyer can help.
The at-fault driver may not want to admit that they were too tired to be on the road—or they might try to blame the accident on you. At John Foy & Associates, we know how to build a strong case and gather evidence to show what really happened. Call us at (404) 400-4000 or contact us online today for a FREE consultation.
Why Drivers Become Fatigued on the Road
There are many factors that can contribute to a fatigued driver, such as:
- Working long hours
- Getting less than six hours of sleep per night
- Driving for long distances and
- Driving overnight
The above can all lead to fatigue on the road. A driver might also be impaired by medication that causes drowsiness or they might have a sleep disorder that impacts their ability to rest properly. Illegal drug or alcohol use can also play a part.
Other times, a driver might be fatigued if they operate a vehicle for their job. Truckers and other drivers who perform shift work are especially prone to driver fatigue because they often work long hours and may cut corners on their sleep and rest periods to meet deadlines. Even when they do get sleep, it might not be restful sleep that allows them to be alert and safe on the road.
Roswell Motorists Have a Duty to Drive Safely
All drivers in Georgia have a duty to be safe on the roads so that other people are not harmed. Everyone is aware that being safe includes having a valid driver’s license, not drinking and driving, and following traffic laws—but being rested enough to operate a vehicle is vital, as well.
Part of a motorist’s duty in Roswell is to ensure they are safe enough to drive their car before starting it up and getting onto the road. Drivers who must go for long stretches or realize they are fatigued should pull over at a safe location and take a nap. If they have passengers who can legally drive, taking turns can also share the burden of driving and help prevent fatigued driving in one person.
If you become injured because of a fatigued driver, it means they have breached their legal duty to you. As the accident victim, you can seek recovery of your damages upon breach of a legal duty (Georgia Code section 51-1-6). You can typically do this by filing a personal injury claim with the at-fault driver’s insurance company.
How to Prove Driver Fatigue in a Roswell Accident
Before you can seek damages from the accident, you will need to show that the other driver was negligent. If they caused the accident because they were fatigued, you’ll need to provide evidence. This can be difficult, but a lawyer can help.
If your accident was caused by a truck driver or some other employed driver, your lawyer will likely look at their work logbook to see their recent work schedule. The logbook might reveal that the driver did not rest enough or made some other error before the accident occurred.
Your lawyer might also use pictures or video from the accident scene, witness statements, or other key information to help show that the driver was not fit to drive. The exact process will depend on the details of your case and the accident. Scheduling a free consultation with an experienced and trusted Roswell driver fatigue lawyer will give you a good idea of your options.
Never Accept the First Insurance Offer
It’s best to contact a good lawyer as soon as you can after an accident involving driver fatigue. That’s because insurance companies are often quick to act, and their goals are to pay you as little as possible. The other driver’s insurance company might offer you an upfront settlement, but you should never take the first offer.
The first insurance offer is usually way below the actual value of your damages. You do not want to get stuck paying for the costs of an accident that was not your fault. To protect yourself and know for sure what your case is worth, contact a lawyer who can help you.
Speak with a Roswell Driver Fatigue Lawyer for Free Today
Our lawyers at John Foy & Associates have been helping car accident victims win the compensation they deserve for over two decades. We fight tirelessly for our clients, and we are not afraid to stand up to the insurance companies.
Let us give you a FREE consultation to discuss the details of your case and how we can help you. Working with us is risk-free because we do not charge a fee unless we win you money. Call (404) 400-4000 or contact us online to get started for FREE today.