Memphis Driver Fatigue Car Accidents
Mr. Trotz was recognized from 2019-2024 as a Super Lawyers Mid-South Rising Star. Mr. Trotz is also a member of the Young Lawyers Division of the Memphis Bar Association, Memphis Bar Association, Tennessee Bar Association, and the Tennessee Trial Lawyers Association where he serves on the Executive Committee. READ OUR EDITORIAL GUIDELINES
Mr. Trotz was recognized from 2019-2023 as a Super Lawyers Mid-South Rising Star. Mr. Trotz is also a member of the Young Lawyers Division of the Memphis Bar Association, Memphis Bar Association, Tennessee Bar Association, and the Tennessee Trial Lawyers Association where he serves on the Executive Committee. READ OUR EDITORIAL GUIDELINES
The Centers for Disease Control and Prevention (CDC) has found that one in three Americans do not get enough sleep each night. You may think that statistic does not apply to you, but for years, studies have consistently linked a lack of sleep with side effects such as inattentiveness. Some researchers have even found that sleepiness produces similar side effects to being under the influence of alcohol. Drowsy driving is a major problem, and it causes many driver fatigue car accidents each year in Tennessee and throughout the South. If you have been injured in a collision with a tired driver, call our Memphis car accident attorneys today for a free consultation.
Driver fatigue is dangerous because lack of sleep or rest causes drivers to experience drowsiness, slower reaction times, or blurred vision, all factors that negatively affect someone’s ability to pay attention and drive safely. In more severe instances of fatigue, the driver may fall asleep at the wheel, causing catastrophic results. Nahon, Saharovich & Trotz has handled car accident cases in Memphis for more than 30 years, and we are the largest plaintiff’s personal injury law firm based in Tennessee.
Protecting Your Rights After a Driver Fatigue Car Accident
Driver fatigue can occur at any point in the day, but these accidents can be more common early in the morning, late at night, or past midnight. Drivers susceptible to causing these wrecks are younger drivers, people who work particularly long shifts, and people who work shifts during odd hours. Many of these are single car accidents, like when someone drives off the road and hits a tree. Other times, the driver will veer into another car’s lane or crash into another car head-on.
When drivers doze off and accidentally hit another car, passengers in that car or those in the other vehicle may suffer injuries that require immediate medical attention. Police may call an ambulance to the scene, and it may be necessary to transport one or more persons to the emergency room. Sometimes, additional treatment is needed, such as follow up visits with a primary care physician or specialist. To recover monetary damages for your injuries, you will need to prove the fatigued driver was responsible for the crash.
Driver fatigue is one way to prove negligence in an auto accident case. If a driver falls asleep at the wheel and runs a stop sign, that could be considered a failure to drive safely or act reasonably under the circumstances. How can you actually prove that the defendant fell asleep? One way could be through witness testimony. A passenger in the defendant’s car could testify that he observed the driver doze off. Other characteristics of drowsy driving are excessive yawning, head bobbing, or drifting in and out of a lane of traffic. An independent witness may provide similar testimony if he or she had an up-close view of the defendant driver.
In many driver fatigue car accidents, the defendant will refuse to admit that he or she failed to get enough rest. In those situations, the defendant’s insurance carrier may try to avoid responsibility for paying your damages and either deny your claim outright or assert comparative fault against you. In Tennessee, your damages can be reduced according to any negligence attributed to you. Depending on the facts of the case, it may be necessary for your attorney to file a lawsuit in order to fight for the damages that you are entitled to.
Retain an Experienced Car Accident Lawyer in Memphis
To discuss your case with a Memphis attorney, call Nahon, Saharovich & Trotz today. Our firm represents victims injured in driver fatigue car accidents throughout Tennessee, including in Memphis. Call us at 800-529-4004 or complete our online form to set up a free appointment.
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