Pittsburgh Drowsy Driving Car Accident Lawyer

Falling asleep at the wheel can result in catastrophic accidents, leading to severe injuries or even fatalities. When someone is sleepy behind the wheel, their brain power, reflexes, and decision-making skills are impaired, just like when they’ve had a few too many drinks.

Our experienced team of attorneys understands the devastating consequences of drowsy driving and is committed to fighting for your rights. Munley Law Personal Injury Attorneys has a proven track record of successfully handling drowsy driving cases, holding negligent drivers accountable, and securing maximum compensation for our clients. With our knowledge of the Pittsburgh, PA laws and regulations surrounding drowsy driving accidents, we are equipped to navigate the complexities of your case. Your well-being is the priority, and we will provide you with personalized attention, guiding you through the legal process while ensuring your voice is heard.

If you or your loved one has been involved in a Pittsburgh drowsy driving accident, contact us today for a free consultation and let us fight for the justice and compensation you deserve.

Statistics on Drowsy Driving

According to the U.S. Department of Transportation‘s National Highway Traffic Safety Administration (NHTSA), in 2021, 684 people were killed in drowsy-driving-related crashes in the United States.

The Pennsylvania Department of Transportation (PennDOT) states that: “Driving while fatigued has similar effects as driving under the influence of alcohol. Being awake for 18 hours impairs your driving about as much as a blood alcohol level of .05 percent. Being awake for 24 consecutive hours impairs your driving as much as having a blood alcohol level of .10 percent.”

 The Effects of Drowsy Driving

We all know what it feels like to try to fight sleep. It’s an exhausting and relentless battle. Heavy eyelids weigh down like lead, blinking increases, vision blurs, and strains, making it difficult to focus on your surroundings. Concentration falters, thoughts wander aimlessly, and mental processing slows to a crawl. You close your eyes for just a millisecond, but even that is too long.

When drivers are tired, they may have trouble paying attention to the road and miss important signs, signals, or hazards. Their reaction time might become slower, making it harder to stop in time if something unexpected happens. This increases the chances of accidents, injuries, and even fatalities.

Common Injuries Resulting from Drowsy Driving in Pittsburgh, PA

After a drowsy driving accident, the severity of injuries varies depending on the circumstances of the crash.

Whiplash is a frequent occurrence, resulting from the sudden jolt of the impact, causing strain and sprain to the neck and upper back. Head injuries like concussions and traumatic brain injuries can also occur due to the sudden deceleration and potential impact with the steering wheel or windshield. Broken bones, such as fractured ribs or limbs, can result from the forceful collision, while cuts, bruises, and lacerations may be caused by broken glass or other objects within the vehicle. Additionally, internal injuries like organ damage, internal bleeding, or collapsed lungs may occur, particularly if the accident involves high-speed or multiple collisions.

Some injuries resulting from a crash with a drowsy driver might not be immediately apparent, so it is important to seek medical treatment promptly after a car accident. A Pittsburgh drowsy driving accident lawyer can help you obtain compensation for your medical bills and related costs.

Proving Liability in a Pittsburgh, PA Drowsy Driving Accident

Drowsy driving can be considered negligence due to the failure of the driver to exercise reasonable care and caution while operating a vehicle. Negligence refers to the lack of proper care or attention that a person should reasonably provide in a particular situation. When someone drives while drowsy, they are knowingly putting themselves and others at risk by not ensuring they are in a fit state to drive safely.

To establish negligence in the context of drowsy driving, certain elements need to be demonstrated. These elements typically include:

Duty of Care: The driver has a legal obligation to operate their vehicle in a safe and responsible manner, which includes being adequately rested and alert while driving.

Breach of Duty: The driver fails to fulfill their duty of care by choosing to drive despite being excessively tired or fatigued. This breach of duty may be due to insufficient sleep, overexertion, or any other factor that impairs their ability to drive safely.

Causation: The driver’s drowsiness directly contributes to an accident or incident on the road. This means that the drowsy driving was a substantial factor in causing the harm or damage that occurred.

Damages: Actual harm or damage results from the accident, such as personal injuries, property damage, or other losses.

Drowsy Driving and Truck Accidents

Fatigued driving is a major safety concern in the trucking industry, posing significant risks to both truck drivers and other road users. Due to the demanding schedules and long hours truckers often face, fatigue-related accidents are a serious issue in the transportation sector.

Why Are Truck Drivers at Higher Risk for Fatigue?

• Truck drivers are particularly vulnerable to fatigue because of several industry-specific factors, including:
• Long Hours on the Road: Truckers frequently work shifts that last 10-14 hours or longer, especially when deadlines are tight.
• Irregular Schedules: Many drivers work odd hours, including overnight shifts, disrupting their natural sleep cycles.
• Pressure to Meet Delivery Deadlines: Strict delivery timelines may encourage truckers to drive even when they are tired.
• Monotonous Driving Conditions: Long stretches of highway driving can cause mental fatigue and reduce alertness.

Federal Hours of Service (HOS) Regulations

To combat fatigue-related crashes, the Federal Motor Carrier Safety Administration (FMCSA) enforces Hours of Service (HOS) regulations for commercial truck drivers. Key HOS rules include:

• 11-Hour Driving Limit: Drivers may drive a maximum of 11 hours after 10 consecutive hours off duty.
• 14-Hour Limit: A driver cannot operate a truck beyond 14 consecutive hours after coming on duty.
• 30-Minute Break Rule: Drivers must take a 30-minute break after eight consecutive hours of driving.
• 60/70-Hour Limit: Drivers cannot exceed 60 hours on duty over seven days or 70 hours over eight days.

Despite these regulations, some trucking companies and drivers may violate HOS rules to maximize profits, increasing the risk of fatigue-related accidents.

How Can a Pittsburgh, PA Drowsy Driving Lawyer Help?

When you’re recovering from a drowsy driving car accident, you may be concerned about your financial situation. On top of your usual expenses at home, the financial burden of medical treatment and being unable to work can feel overwhelming.

At Munley Law Personal Injury Attorneys, our team of Pittsburgh personal injury lawyers genuinely cares about our clients. We understand the difficulties you may be facing and are dedicated to supporting you during this challenging time. Our attorneys and staff will go above and beyond to assist you. With a track record of success spanning decades of satisfied clients, you can trust that we will dedicate all the time and resources necessary to help you win your case.

Munley Law will take care of the following:

• Legal advice: Your drowsy driving lawyer will provide knowledgeable advice about the legal options available to you. They will explain the relevant laws and regulations, assess the strength of the case, and guide you through the legal process.
• Performing a comprehensive accident investigation: A thorough investigation of the accident will be conducted to gather evidence supporting your claim. This may involve reviewing accident reports, interviewing witnesses, analyzing medical records, and collecting any available surveillance footage or photographs.
• Establishing liability: Your lawyer will work to establish that the drowsy driver was at fault for the accident and that their negligence caused the injuries or damages suffered by you. They will present evidence demonstrating the driver’s drowsy state, such as records of lack of sleep or other factors contributing to fatigue.
• Building a strong case: A legal strategy will be developed tailored to the specific circumstances of the case. Your lawyer will gather supporting evidence, consult with experts if necessary, and build a strong argument to prove your claim.
• Negotiations: Your lawyer will engage in negotiations with the insurance companies and other involved parties on your behalf. They will advocate for fair compensation for the injuries, damages, and other losses suffered as a result of the accident. This may involve negotiating settlement offers or pursuing alternative dispute resolution methods.
• Trial representation: If a fair settlement cannot be reached, your lawyer will prepare and present the case in court. They will present the evidence, examine witnesses, and argue your case before a judge or jury.
• Legal support: Throughout the process, your lawyer will provide ongoing support and guidance to their clients. They will address any legal concerns, answer questions, and keep their clients informed about the progress of the case.

Compensation for Injuries Caused by Driver Fatigue

Compensation for injuries caused by driver fatigue is designed to help victims recover financially and physically from the devastating consequences of a drowsy driving accident. When a fatigued driver causes an accident, victims may be entitled to several types of damages that address both economic and non-economic losses.

Economic Damages

Economic damages are the measurable financial costs directly resulting from the accident. These typically include medical expenses, which cover everything from emergency room treatments and hospital stays to surgical procedures, rehabilitation, physical therapy, and ongoing medical care. Victims can also recover lost wages for time missed from work during recovery, as well as potential future lost earning capacity if the injuries impact their ability to work long-term. Additionally, economic damages may include vehicle repair or replacement costs, medical equipment expenses, and any out-of-pocket costs associated with treatment and recovery.

Non-Economic Damages

Non-economic damages address the more intangible impacts of the accident. These encompass pain and suffering, which compensates for the physical pain and emotional distress experienced as a result of the injuries. Compensation may also cover loss of quality of life, mental anguish, emotional trauma, and the potential loss of companionship or consortium if the injuries significantly impact personal relationships. In cases of severe or permanent injuries, victims might receive compensation for long-term disability, disfigurement, or reduced life enjoyment.

The total compensation depends on various factors, including the severity of injuries, the extent of medical treatments required, impact on future earning potential, and the specific circumstances of the accident. Insurance policy limits, the at-fault driver’s assets, and Pennsylvania’s comparative negligence laws can also influence the final compensation amount.

Working with an experienced personal injury attorney is crucial in accurately calculating and pursuing the full range of compensation you deserve. A skilled lawyer will thoroughly investigate the accident, gather comprehensive evidence, consult medical experts, and negotiate aggressively with insurance companies to ensure you receive fair and just compensation for the harm you’ve suffered.

Pittsburgh Drowsy Driving Car Accident FAQs

Is drowsy driving illegal in Pennsylvania?

Only two states currently have laws specifically pertaining to fatigued driving: New Jersey and Arkansas. While Pennsylvania law does not outlaw drowsy driving, drivers can still face legal consequences if drowsy driving leads to reckless or negligent behavior on the road. A driver can be charged with reckless driving if they operate a vehicle with “willful or wanton disregard for the safety of persons or property.” Falling asleep or dozing off at the wheel or driving while severely fatigued could fit this definition.

How do you prove a driver was drowsy at the time of the accident? *

To prove that the at-fault driver was fatigued and that this contributed to your crash, your lawyers will conduct a thorough investigation. The police accident report, which contains key details about the incident, may offer information about the state of the other driver at the time of the crash. The accident scene itself can contain evidence; Skid marks or the absence of braking before a crash can suggest the driver was asleep or too slow to react. If the other driver was a commercial driver, their vehicle may contain electronic logs regarding their hours of operation and/or dashcam footage.

How long do I have to file a drowsy driving accident claim in Pennsylvania?

In Pennsylvania, the statute of limitations for filing a personal injury claim, including drowsy driving accidents, is generally two years from the date of the accident. This legal time limit is strictly enforced by Pennsylvania courts, and failing to file a lawsuit within this two-year window typically means losing your right to seek compensation entirely. While two years might seem like a long time, it’s crucial to take action as soon as possible. Evidence can be lost, witnesses’ memories can fade, and critical documentation may become more difficult to obtain as time passes. Consulting with a personal injury attorney immediately after a drowsy driving accident helps preserve your rights and ensures you don’t inadvertently miss critical legal deadlines.

How much does it cost to hire a lawyer for a drowsy driving case?

A serious car or truck accident caused by a drowsy driver can leave you seriously injured, unable to work, and concerned for your family’s future. Getting the legal help you need should alleviate your stress, not add to it. At Munley Law, we do not collect a fee for our services unless we win your case, meaning you never pay anything up front or out of pocket. If we’re unsuccessful in obtaining compensation for you, you owe us nothing. The initial consultation is free of charge, so you risk nothing by scheduling an appointment with one of our experienced attorneys.

Contact Munley Law Personal Injury Lawyers Today

Drowsy driving is a serious and preventable issue that poses significant risks to everyone on the road. As a law firm dedicated to promoting safety and seeking justice, call Munley Law Personal Injury Attorneys regarding your Pittsburgh, PA case. If you or a loved one has been a victim of a drowsy driving accident, we are here to help. With our experience and commitment, Munley Law will tirelessly advocate for your rights, work towards holding the responsible party accountable, and strive to secure the compensation you deserve.

Munley Law Personal Injury Attorneys

510 Third Avenue
2nd Floor,
Pittsburgh, PA 15219
+14125345133