New York Driver Fatigue Lawyers
Driving while fatigued can create a serious hazard on the road. In fact, drowsy driving can be just as dangerous as drunk driving, according to a study by the Adelaide Center for Sleep Research. Being behind the wheel after 24 hours without sleep is the equivalent of driving with a blood alcohol content of 0.10 — well above the 0.08 limit that defines drunk driving in New York. Our NYC drowsy driver car accident attorneys can help you get the compensation you deserve if you have been injured in a crash caused by a motorist who was too tired to drive safely.
The National Highway Traffic Safety Administration (NHTSA) reports that when fatigue-related accidents happen, the results are more severe. Because drivers don’t brake, swerve or take other evasive measures if they’ve fallen asleep at the wheel, accidents are more likely to lead to serious injuries or even to death. Many fatigued-driving accidents happen in locations where the speed limit is at least 55 mph, meaning these collisions often happen at high speed. This also increases the risk of traumatic brain injuries, bone fractures, spinal injuries, disfiguring injuries and other life-changing conditions.
With the dangers of drowsy driving being so well known, it is surprising that people drive when they are tired. Yet there are many people who make a very irresponsible choice to get or stay behind the wheel even when they are exhausted. If you or a loved one has been injured by someone who made this careless choice, you have legal rights. Contact a New York City fatigued driver car accident attorney at David Resnick & Associates, P.C., today at 212-279-2000 or fill out our online contact form to learn about your right to compensation and about how we can help you to get the justice you deserve after a drowsy driving car accident.
David Resnick, the firm’s founder and a New York personal injury lawyer, believes that strong client relationships, built on trust and communication, are the keys to success. He is committed to helping clients rebuild their lives after a traumatic injury or accident. The Resnick law firm serves residents of the communities throughout the New York metro area, including Manhattan, Queens, Brooklyn, Staten Island, the Bronx and all of New York City.
Drowsy Driving Accidents in New York City
Fatigued driving accidents are a very significant risk on the streets of New York City and throughout the United States. In fact, DrowsyDriving.org, a website published by the National Sleep Foundation, has compiled information and resources designed to educate people about the dangers of fatigued driving and to discourage the risky practice. According to their facts about drowsy driving:
- The NHTSA lists fatigued driving as a cause of more than 100,000 car accidents each year.
- More than 60 percent of drivers who responded to a sleep survey admitted that they had driven while they were tired in the past year.
- An estimated 103 million drivers admitted on a Sleep in America poll that they had fallen asleep while they were driving at least once during the prior year.
- Thirteen percent of the 103 million drivers who reported falling asleep reported falling asleep while driving approximately once per month.
Under New York law, you can make a claim for personal injury after a car accident against the responsible driver if your injuries are serious enough to exempt you from New York’s no-fault car insurance laws. Because many people who are involved in drowsy driving accidents suffer serious injuries, these types of cases often lead to a settlement with the insurance company of the responsible driver or to a lawsuit where a jury may award the victim of the drowsy driving accident monetary damages.
In either a settlement or a lawsuit, a victim of a drowsy driving accident may be entitled to compensation for all related medical costs, for any missed work time, for any future reduction in earnings, for pain and suffering and for any emotional distress suffered as a result of the accident. If the drowsy driving accident caused a death, then the family members of the victim killed by the fatigued driver may have a wrongful death claim. This can result in compensation for loss of companionship as well as for lost financial support.
To prove either a personal injury case or a wrongful death case, you will need to show that the other driver caused the accident by being unreasonably careless while driving. Getting behind the wheel while you are extremely tired or driving for long periods without a rest could be examples of unreasonably careless behavior or negligence, as it is called in legal terms. If you have been injured in an accident with a truck driver or other commercial driver, you can check to see whether that driver broke federal regulations on maximum hours of service. If so, you could have a good case against not just the driver but also the trucking company that was responsible for the driver’s actions.
Contact an Experienced New York Drowsy Driving Attorney Today
While drowsy driving may be just as dangerous as drunk driving, there isn’t a conclusive test for driving while fatigued. You will need to have evidence to show that the other driver was sleepy behind the wheel and that this led to the accident. Interviewing witnesses, searching records or hiring an accident reconstruction expert may be necessary. You need an experienced New York personal injury lawyer to help you to gather the evidence you need to make a case after an accident caused by driver fatigue.
If you have been involved in a drowsy driving accident in Manhattan, Brooklyn, Queens, Staten Island, the Bronx or elsewhere in the New York City metro area, contact David Resnick & Associates, P.C. today. Call 212-279-2000 today or fill out our online contact form to schedule your free initial consultation.