Most drivers are aware of the risks that something like drunk driving entails. We know not to get behind the wheel while intoxicated or under the influence of any substances. But what about driving when we’re tired?
If you or a loved one has sustained injuries in a car accident caused by drowsy driving, you deserve justice and compensation. Don’t hesitate to contact one of our top drowsy driving accident lawyers in Erie to learn about the legal process and how we can help with your car accident lawsuit.
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How Many Car Accidents Are Caused by Fatigued Drivers in Erie, PA?
While getting behind the wheel when you’re feeling fatigued might not seem all that risky, the numbers show that drowsy drivers cause many car accidents each year. According to the National Highway Traffic Safety Administration (NHTSA), in 2019 alone, drowsy drivers were responsible for approximately 91,000 crashes, 50,000 injuries, and 795 fatalities in the United States.
Too many accidents occur as a result of fatigued driving, and in the worst cases, a wrongful death may occur, and a victim may lose their life. We can prevent many accidents in Pennsylvania and elsewhere by not getting behind the wheel when tired or pulling over and resting until we feel comfortable continuing.
What Are the Dangers of Fatigue Driving?
Distracted driving of any kind, including fatigued driving, is incredibly dangerous. Some of the dangers include:
- Decreased reaction time: Distracted, drowsy, and drunk drivers have decreased reaction times when driving. This means that if something happens that requires an immediate response—such as an animal crossing the road or a car suddenly stopping up ahead—a drowsy driver or a driver who has not been paying attention will not be able to respond and react quickly enough to avoid a collision.
- Impaired decision-making: Drowsy drivers have impaired decision-making abilities. Fatigued drivers may attempt risky or unsafe maneuvers, failing to realize they’re dangerous.
- More severe car accidents: Research shows that accidents that involve a drowsy driver tend to be more severe and cause more serious injuries to the accident victims.
How Can You Establish Liability in an Erie Drowsy Driving Car Accident?
One key role of an Erie personal injury lawyer in a case like this is to determine the at-fault party and establish liability.
Gathering Evidence
Gathering evidence is an important step in establishing fault and negligence. Some important evidence can include police reports, photographs of the accident scene, witness statements, records from cell phones used during the car accident, and more. Your attorney will do the necessary legal work to secure all this evidence and build a strong case against the at-fault party or multiple parties.
Proving Negligence
To hold the negligent party accountable and secure maximum compensation, the claimant must prove that negligence occurred. There are four key steps involved in this process:
Establish a duty of care
The first step is establishing that a duty of care exists. A duty of care is essentially a responsibility to act safely and responsibly that does not put others in harm’s way. In the case of a car accident, each driver owes a duty of care to everyone else on the road.
Breach of duty of care
Next, the claimant must show that this duty of care was breached. In the case of a drowsy driving car accident, this would mean showing that the driver who caused the accident failed to uphold their duty of care and instead drove or acted recklessly or unsafely.
The breach caused the injury
Next, the claimant and their attorney must show that this breach and reckless behavior caused the car accident injuries.
The injury resulted in damages
Lastly, the claimant and their attorney must show that these car accident injuries resulted in damages. These damages can include medical expenses and bills, lost wages, property damage, vehicle repairs, pain and suffering, and more.
What Compensation is Available for an Erie Drowsy Driving Accident Claim?
Many car accident victims may be curious about how much compensation they can secure. The truth is that it’s incredibly difficult to estimate the value of a car crash case without knowing the precise details of the case. This is true of all personal injury cases.
The general rule of thumb is that the more severe a car crash is, the greater the damages and compensation. For instance, if someone is in an Erie car accident with a drunk driver and walks away with only a sprained ankle, they will still have a valid claim, but their potential damages may be fairly low. This is because this victim likely will not face hefty medical bills to treat their injury. Depending on their profession, they may be able to get back to work shortly after the accident, meaning they’re not seeing lost wages.
Conversely, a car accident in which the victim is severely injured might be worth more. Serious injuries will likely require a great deal of medical treatment and ensuing medical bills and expenses. Victims in these kinds of car crashes may also have to take time off of work during their recovery, leading to lost income. Depending on the severity of the injuries and their profession, they may be unable to return to their previous line of work. These kinds of crashes can also lead to huge amounts of mental and emotional distress, such as PTSD, anxiety, and depression. All of these factors mean the victim’s compensation is likely to recover is greater.
Whatever kind of car accident you’ve endured, working with an experienced Erie car accident attorney is one of the best ways to set yourself up for a successful claim. Contact us today for a free consultation.
How Can an Erie Car Accident Attorney Help With Your Case?
In the aftermath of an Erie, PA, car accident, you may wonder if you need to hire an Erie car accident lawyer. It’s an overwhelming time, full of questions and anxieties, all while you try to recover from your injuries. This is why working with an experienced accident attorney is one of the best things you can do for yourself.
The car accident lawyers in our law office have years of experience handling car accident cases and a proven track record of securing satisfactory settlements for our clients.
At Munley Law, your accident attorney will gather extensive evidence to build you a strong case and ensure the driver at fault is held liable for their actions. This may include interviewing witnesses, obtaining police reports, photographing the accident scene, and more.
Additionally, your attorney will liaise with the relevant insurance company or companies. Typically, insurance claims are the first possible route towards securing compensation after an accident. Your attorney will negotiate with the insurance company on your behalf. Sometimes, insurance adjusters will attempt to make a victim admit some degree of fault or accept an unfairly low offer. Your accident lawyer will make sure this does not happen.
If your case cannot be handled through insurance, your accident lawyer will guide you through filing a personal injury claim. They will negotiate a settlement on your behalf, continuing the process until you have an offer you feel good about accepting. In the rare event that no settlement can be agreed upon, your attorney can also protect you in court should a trial become necessary.
In addition to guiding you through the legal process, your accident attorney will be a source of personal and emotional support. Accident victims are often working through immense pain and trauma, and your attorney will offer the care, compassion, and understanding that you need in this difficult time.
Contact Our Erie Drowsy Driving Accident Attorneys Today for a Free Consultation
We believe that all accident victims deserve compensation, justice, and space and time to navigate their recovery. At Munley Law, we offer all this alongside an exceptional legal team with the skills and resources to secure maximum compensation.
If you or a loved one has been in a Pennsylvania car accident, don’t wait any longer. Contact us today to schedule a free consultation with a car accident attorney and learn how we can fight for you. We’re ready and waiting to hear from you.
