The National Highway Traffic Safety Administration (NHTSA) reported that in 2017, there were 91,000 crashes caused by drowsy driving in the U.S. While drowsy driving is not as heavily regulated as drunk driving, it can produce very similar results. With slowed response times, impairments to one’s vision, and inattentiveness to the road, a drowsy driver has the potential to cause life-threatening collisions.
If you were in an accident caused by a drowsy driver, a New Orleans drowsiness lawyer from the Morris Bart law firm can help. We review the details of your case to assign liability and hold the at-fault driver responsible for your losses. Our goal is to establish that because of another party’s negligence, they caused an accident that resulted in your financial losses.
Keep in mind that under Louisiana’s statute of limitations, Art. 3492, you have one year from the date of your accident to file a lawsuit. If you do not act within this period, you will jeopardize your right to pursue compensation.
To start a free, no-obligation case review, call the Morris Bart law firm at (504) 613-4771.
Understanding Drowsy Driving
According to the Centers for Disease Control and Prevention (CDC), an estimated 1 in 25 drivers have fallen asleep at the wheel within the last 30 days. When a motorist is found to have caused an accident due to drowsy driving, they can be held financially responsible for any ensuing damages. Because they chose to drive or remain on the road despite this impairment, your legal team can argue that they breached their duty of care not to cause harm to others.
There are several possible causes of drowsy driving, such as:
- Inadequate, fragmented, or interrupted sleep
- Sleep-related disorders, such as insomnia or sleep apnea
- A sudden change of work schedules disrupting an individual’s sleep patterns
- Long drives without a break
- Ingesting sedatives or drugs that aid sleep before driving
- Being a new parent
When you work with a New Orleans drowsiness lawyer, one of the first tasks they will have to undertake is determining how the responsible motorist caused the collision. Unlike drunk driving, there are no tests that can be administered to measure how tired a driver is. However, information from the police report may give further insight into the mindset of the responsible motorist.
Drivers Likely to Experience Drowsy Driving
Any individual who is driving under unfavorable circumstances, such as fatigue or insomnia, can fall asleep at the wheel.
Some examples of motorists who may drive while fatigued include:
- Long-haul truck drivers
- Business travelers
- Long-distance drivers
- Night-shift workers
- People battling an illness
- People who are suffering from mental disorders
Once your legal team establishes who is responsible for your accident, they can determine a method of pursuing compensation.
In some situations, more than one party can be found liable for your damages. For example, if you were struck by a long-haul truck driver, your legal team may be able to hold the individual trucker and their employer responsible. If the trucker’s employer had implemented unreasonable scheduling demands that led to their employee driving while fatigued, they could also be found to have contributed to your losses.
For a free legal consultation with a Drowsiness Accident lawyer serving New Orleans, call 800-537-8185
What to Do if a Drowsy Driver Hits You
After being in a collision caused by a drowsy driver, your first priority should be your own health and safety. You should seek medical attention following any type of accident because some conditions, like internal bleeding or spinal cord trauma, may not appear immediately following the impact.
Other measures you can take to promote your legal interests include:
- Immediately report the accident. Like many other states, Louisiana requires individuals in certain circumstances to file a crash report within a certain number of days following a collision. Be sure to keep a copy of the report for your own records.
- Do not accept an offer from the insurer. If you accept a settlement offer from the insurance company, you will be barred from seeking future litigation. Some insurance companies do not have claimants’ best interests in mind. You should complete your full course of medical treatment before accepting any sum.
- Keep all documents relating to your injuries. Your case will be built on evidence. You may want to provide your legal team with copies of your medical records, pay stubs, bills, and other relevant items that point to cost. While your legal team can get many of these items themselves, it can help if you provide them upfront.
When you call the Morris Bart law firm, they can provide additional information that can help your case. To learn more, call (504) 613-4771.
Get Started with Morris Bart, LLC
One of our goals is to help you pursue the cost of your economic and noneconomic damages, whether in or out of court. Sometimes, following an accident, claimants ask us how much they can expect to receive for expenses related to pain and suffering. Typically, the more severe your injuries, the more you can expect to pursue for these types of losses.
If your case is successful, you may be able to receive financial recovery for:
- Medical expenses, including emergency transportation and treatment
- Rehabilitative treatment, including physical therapy and mental health counseling
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering and inconvenience
- Emotional trauma
You may be interested in pursuing losses that we have not listed here. If so, you may want to share those details with your New Orleans drowsiness lawyer when you begin working together.
Call Morris Bart, LLC
At the Morris Bart law firm, we provide services on a contingency fee basis. That means that we only collect our attorney’s fees at the successful resolution of your case. If we cannot get compensation on your behalf, then you are not responsible for certain costs associated with our services.
To start seeking justice, call the Morris Bart law firm at (504) 613-4771.
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