Driving while fatigued is a growing concern on roads across the country, leading to thousands of accidents and severe injuries each year. In North Texas, The Law Office of David M. Kennedy is dedicated to helping victims of accidents caused by drowsy drivers, ensuring they receive the compensation they deserve. Fatigued driving is a form of negligence, but proving it in court can be complex without the right legal expertise. Below, we’ll explore how fatigue contributes to accidents, the legal implications, and how our team can assist you in proving negligence if you’ve been affected.

The Alarming Reality of Fatigued Driving

Fatigue impairs a driver’s ability to react quickly and make sound decisions, similar to the effects of alcohol. According to the National Highway Traffic Safety Administration (NHTSA), an estimated 91,000 police-reported crashes in 2017 involved drowsy drivers, leading to about 50,000 injuries and nearly 800 deaths. These numbers only reflect reported cases, and experts believe the actual figures are likely much higher. This is due to the difficulty in conclusively determining if fatigue was a factor in many accidents.

In Texas alone, drowsy driving remains a significant issue. The state’s large road networks and long driving distances, combined with high-speed limits, create a perfect storm for fatigue-related accidents. Drivers may push their limits to cover long distances, putting others at risk. Despite awareness campaigns and efforts to educate the public on the dangers of driving while drowsy, fatigue remains a silent killer on our roads.

Why Fatigued Driving is Dangerous

Fatigued driving affects the brain much like alcohol or drug impairment. It reduces attentiveness, slows reaction times, and hampers decision-making abilities. In fact, the Centers for Disease Control and Prevention (CDC) points out that staying awake for 18 hours can impair performance to the same degree as having a blood alcohol concentration (BAC) of 0.05%. Staying awake for 24 hours is equivalent to a BAC of 0.10%, well above the Texas legal limit of 0.08%.

Drivers who are drowsy are more likely to drift out of lanes, miss traffic signals, or fail to brake in time. In severe cases, drivers may even fall asleep at the wheel, causing devastating crashes. The consequences of these accidents can range from minor injuries to fatalities. Consequences that affect not only the fatigued driver but also other road users.

Proving Negligence in Fatigue-Related Accidents

When an accident occurs due to fatigued driving, it’s essential to establish that the driver’s negligence was the direct cause of the crash. Unlike cases involving alcohol or drug impairment, there are no breathalyzers or field sobriety tests to prove drowsiness. Therefore, proving fatigue as the cause of the accident can be challenging.

However, the right legal strategy can demonstrate negligence through various forms of evidence. Here are some ways an experienced attorney like David M. Kennedy can help build a strong case:

1. Driver’s Schedule: One of the first things a lawyer will examine is the driver’s work or travel schedule. A record of long work hours, lack of rest breaks, or overnight shifts can show that the driver lacked sleep at the time of the accident.
2. Logbooks and Electronic Data: For commercial drivers, logbooks and electronic data from vehicles can provide crucial evidence. Regulations from the Federal Motor Carrier Safety Administration (FMCSA) limit how long commercial drivers can stay on the road without taking breaks. Violations of these regulations could be strong evidence of negligence.
3. Eyewitness Testimonies: Witnesses to the accident, such as other drivers or passengers, may provide valuable insights into the driver’s behavior before the crash. Signs of erratic driving, such as drifting between lanes or failing to respond to traffic signals, can support the claim of drowsy driving.
4. Medical Records: Medical records showing signs of fatigue, such as lack of sleep or medications that cause drowsiness, can be crucial in proving negligence.
5. Expert Testimonies: In some cases, accident reconstruction experts or sleep specialists may be called upon to testify. They can explain how fatigue impairs driving ability and how the circumstances of the crash align with typical patterns of drowsy driving accidents. Examples such as a lack of skid marks indicating a lack of attention or reaction one would expect.

How The Law Office of David M. Kennedy Can Help

Fatigue-related car accidents can be devastating, but proving that the driver was negligent and therefore responsible requires legal expertise. The Law Office of David M. Kennedy has extensive experience handling personal injury cases related to motor vehicle accidents, including those involving fatigued drivers. Mr. Kennedy and his team work diligently to gather evidence, consult experts, and build a case that demonstrates how the other driver’s fatigue caused the crash.

Personal injury cases in North Texas can be particularly complex due to state-specific laws and the need for detailed investigations. David M. Kennedy understands the nuances of these cases. His team can navigate the legal landscape to maximize compensation for medical bills, lost wages, pain and suffering, and more.

Steps to Take After a Fatigue-Related Accident

If a drowsy driver has caused an accident involving you or a loved one, act quickly to protect your rights. Here’s what you should do:

1. Seek Medical Attention: Even if your injuries seem minor, it’s essential to get a medical evaluation. Some injuries may not be immediately apparent and can worsen over time.
2. Document the Scene: Take photos, gather witness information, and write down any details you remember about the accident. Include any signs that the other driver was fatigued.
3. Contact an Attorney: Speak with an experienced personal injury attorney like David M. Kennedy. Early consultation can help preserve evidence and ensure that your case is handled properly from the start.

Conclusion

Fatigued driving is a serious and often overlooked form of negligence that can lead to catastrophic accidents. Proving negligence in these cases can be challenging. With the right legal representation, victims can hold the responsible parties accountable. If you or a loved one has been involved in an accident caused by a drowsy driver, contact The Law Office of David M. Kennedy to discuss your case and learn more about your legal options.

By holding negligent drivers accountable, you not only recover the damages you’re owed but also help make the roads safer for everyone.