Drowsy Driving Car Accident Lawyer BIG AUTO

Sleepiness and fatigue can quickly make a driver unsafe. Overexertion or a lack of sleep causes the following effects:

• Slower reaction time and thought processes
• Impaired judgment
• Compromised vision and hearing
• Uncontrollable sleeping spells that doctors call “micro-sleep”

 
Motorists might assume that they can “power through” drowsiness and still travel the roads safely. However, the National Safety Council comments that 20 hours without sleep is enough to make a person’s driving ability equal to that of someone with a 0.08% blood-alcohol content level.

Consequently, drowsy drivers are three times more likely to be in a car crash. For example, a driver can travel the length of a football field during a 5-second period of micro-sleep on the highway, creating an extremely risky situation.

Car accidents result in numerous kinds of injuries. These wounds can be permanent or life-threatening.

Physical

Victims of drowsy driving accidents tend to notice the physical injuries first. Whiplash, burns, bruising and bone fractures are common.

However, physical injuries might not be immediately apparent. The surge of adrenaline after a crash might mask the effects of an internal injury.

For example, signs of neck, brain, back and soft tissue damage might not display for days. Accident victims should visit a physician soon after the incident to find any indications of physical trauma.

Emotional

An auto accident can shock you psychologically and result in long-lasting emotional harm. Children are particularly vulnerable to such symptoms after a severe car accident.

After a collision, you may experience an onset of unmanageable anxiety, post-traumatic stress and intense phobias. These effects can interfere with the ability to carry on a normal routine.

For example, you could begin to see signs of vehophobia, which is an irrational but uncontrollable fear of driving or riding in cars. This disorder can make securing gainful employment or traveling to school difficult.

The courts often award compensatory damages to injured plaintiffs in the form of economic and noneconomic damages to help restore the person. In unique cases, victims might also receive punitive damages.

Economic Damages

Economic damages cover specific expenses that occurred as a direct result of the accident. Common examples include the following:

• Medical expenses for equipment and care that you’ve paid for or will have to pay for in the future
• Lost wages, benefits and contributions due to time you missed from work or a career change because of your injuries
• Repairs or replacement due to property damage, including your vehicle and other personal items
• Cost of lost services that you normally provide around your home that you will have to pay someone else to handle, such as chores and errands

Your drowsy driving car accident attorney assists you in calculating all economic expenses that qualify for compensation.

Noneconomic Damages

Personal and emotional injuries that occur from an accident also qualify for compensation. Determining the value of these noneconomic damages is more difficult because they do not involve specific out-of-pocket expenses. However, a drowsy driving accident lawyer also helps you calculate what a defendant owes you.

Typical noneconomic damages include:

• Mental anguish
• Pain and suffering
• Physical impairment or disfigurement
• Loss of consortium

Some states set a cap on what you can recover for noneconomic losses. You should talk with a lawyer who knows the statutes for your state. Fortunately, Big Auto Accident Attorneys is a national network of top firms that can fight for your case wherever you are.

Punitive Damages

If the party responsible for the accident was grossly negligent, the court might decide to set an example to deter that party or others like it from committing similar actions in the future. In such cases, the court awards the plaintiff punitive damages.

Though awards for punitive damages are rare, be sure to share all the details of your claim with your lawyer. Your attorney will advise you if such a payment is likely.

Carelessness on the road can bring criminal charges, especially when a person drives recklessly, operates a vehicle under the influence of a substance or flees the scene after an accident. The judge in a criminal case only determines fines, imprisonment or other punishment for the offense.

As such, criminal charges are separate from civil cases, which require a different trial. If the state brings the case against a responsible party who injured you after a drowsy driving car accident, you still have the right to pursue damages from the defendant.

Insurance companies spend a lot of money on ads to convince you that their primary goal is to help you. However, in reality, an insurance adjuster benefits most by paying out as little as possible on accident claims.

The insurance company’s first proposal is almost always a lowball offer that you can negotiate. Instead of relying on an adjuster’s calculation of your costs (which will likely minimize noneconomic damages), you can work with your drowsy driving accident attorney to fight for every last penny.

Also, the other party’s insurance company will look for ways to prove that you had a portion or all of the fault for the accident. Their representatives could call you and use a line of questioning that leads you to say something that harms your claim.

Instead of dealing with the insurers on your own, your lawyer can speak to the insurance companies for you. Lawyers are familiar with insurers’ tactics and understand the correct way to respond to potentially misleading queries.

One of the greatest tragedies is to lose a family member unexpectedly in a motor vehicle accident. You have the right to fight for compensation for the loss of your loved one in a wrongful death suit after a drowsy driving accident.

As with other personal injury cases, you can fight for the losses of the deceased, including the noneconomic damages of pain and suffering. You can also fight for special damages that the family suffered.

Take these actions immediately after an accident to protect your safety and your claim:

1. Get to a safe location nearby.
2. Call the authorities for help.
3. Exchange contact information with the other driver.
4. Gather evidence from the scene with photos, videos and notes.
5. Talk to witnesses and get their contact information.

You also need to let your insurer know about the accident at your earliest convenience. Auto policies typically require drivers to report accidents promptly with sufficient details about the facts.

However, be careful not to admit to any fault, as an insurer can use this as a reason to reduce the value of your claim. Stick to the essential details.

Don’t try to guess what happened or fill in the blanks. Instead, work with your lawyer to investigate the situation and push for a fair settlement that covers all of your expenses, current and future.

Each state varies on how much time you have to file a claim after a drowsy driving car accident. Also, the time limit for property damage claims may be different from the limits for personal injury claims.

Many states give you at least two years to file a claim, but others restrict you to a 12-month window. In addition, the time limit can be even shorter if the drowsy driver is an on-duty public employee, which requires you to file a claim with the government.

Further, you need to start collecting evidence as soon as possible after the accident to build a strong case. Promptly calling an attorney after your accident can ensure the statute of limitations doesn’t expire on your claim.

You don’t need to worry about paying anything to get a lawyer started on your case. Your initial consultation is always free.

When Big Auto attorneys take your case, they work with you on a contingency basis, meaning you only pay for services after you win a settlement. Your lawyer only gets paid when you do.