Dallas Car Accident Caused by Drowsiness Lawyer
In today’s non-stop society, we don’t all get the sleep we need. Long commutes, working third shift, driving a long-haul truck, staying up all night with a sick child — these are all too common reasons for drowsy driving. Unfortunately, one sleepy driver can cause a tragedy if they hit someone. If you’ve been injured in an accident with a driver who fell asleep at the wheel, or was driving drowsy, you need the help of an experienced Dallas drowsiness lawyer to help you get the compensation you deserve.
Drowsy Driver Statistics
Drowsy driving can be deadly. At the very least, driver fatigue can cause some very serious accidents. The National Highway Traffic Safety Administration (NHTSA) statistics on fatal crashes and the estimate of drowsy driver-related crashes and injuries are based on police and hospital reports. NHTSA has to estimate some of the numbers because it’s not always conclusive that drowsiness contributed to a crash.
The number of people killed or injured in drowsy driving accidents is likely much higher. Consider accidents where inattention or failure to reduce speed is a factor. That inattention and failure to obey traffic rules may very well be due to the driver being tired and not paying attention.
The NHTSA reports that in 2017:
- 795 people died in accidents involving a drowsy driver.
- 91,000 police-reported crashes involved drowsy drivers.
- An estimated 50,000 people were injured in crashes involving sleepy drivers.
In Texas, according to the Texas Department of Transportation (TXDOT) Crash Contributing Factors report for 2018, a driver who was fatigued or fell asleep at the wheel was listed as the contributing factor in a total of 9,496 crashes, with slightly more of those crashes occurring in rural areas. Interestingly, the statistics show that more fatalities occur in the rural drowsy driver crashes. This may be because drivers have a tendency to speed on rural highways.
Compare the numbers for 2018:
Fatigued or Asleep Driver Crashes
While some of these crash fatalities or serious injuries involve the drowsy driver themselves, many more kill or injure innocent people. Since drowsy driving can sometimes be hard to prove, the driver’s insurance company may try to say the other driver (you), or cyclist was partly at fault for the accident. Generally, a pedestrian is not considered at fault unless they run out into the road.
How a Dallas Drowsiness Lawyer Can Help You
At our Dallas personal injury law firm, we make it our business to build a strong case for all of our clients who have been injured in car accidents. A Dallas drowsiness lawyer can help you get the best compensation package that will cover your present and future medical bills, lost wages, damage to your own vehicle, pain and anguish, and more. If you lost a loved one as a result of a fatigued driver, we will file a wrongful death suit on your behalf.
We have years of experience taking on the insurance companies and winning generous settlements for our clients. We are also prepared to take your claim in front of a jury. Sometimes, it is not just the driver who hit you who is at fault in your accident. If the driver is a commercial trucker or a worker on the third shift, we will investigate to see if their employer is partly at fault.
We Conduct Our Own Accident Investigation
One big way we help our clients is by conducting our own accident investigation. Sometimes, even in the best of circumstances, the investigating officers at a crash scene miss important information. When we conduct an investigation of your crash, we:
- Access and review the police report
- Analyze crash scene photos
- Access and review traffic or surveillance camera footage, if there is any
- Interview eyewitnesses
- Interview you and the other driver in depositions, if needed
- Access the other driver’s work schedules and driver’s logbooks to see how long they’ve been working and if they could have been sleep deprived
- Access and review cell phone records
- Get our accident reconstruction team involved as needed
We put the full force of our legal team behind building your case.
If the police report indicates fatigue or falling asleep at the wheel was a contributing factor, it is relatively easy to determine fault. For instance, a driver who falls asleep and crosses the centerline, hitting another vehicle head-on, is generally considered to be 100% at fault in the accident.
In other cases, the insurance company may try to say you are partially at fault. This is so they can avoid paying you as much as you deserve. In Texas, we have what is known as a “comparative fault” or “proportional responsibility” statute. The law says that you can only sue for damages if you were less than 50% at fault. If you do win damages through a jury award, that amount will be reduced by the percentage at which you were at fault. The insurance company is likely to decrease any settlement by a percentage, as well, if you were partly to blame for the crash.
Consult with an Experienced Dallas Drowsiness Lawyer for Free
Don’t try to go it alone with the insurance company. They have a team of lawyers on their side. Meeting with an experienced Dallas drowsiness lawyer is free, with no strings attached. It could be the best decision you make after your accident. At your initial consultation, we’ll talk with you about the specifics of your case, how badly you were injured, and the offers made to you by any insurance companies involved in the case. Plus, we do not charge a fee unless and until we get you the compensation you deserve.
Call us today at (214) 305-8277 or use our contact form and someone will get back with you quickly. We are available at all times to take your call.