Is Driver Fatigue Grounds for a Lawsuit?
Your Rights If a Fatigued Driver Causes Your Accident
Fatigued driving or driving while drowsy is a serious problem that affects countless people in the United States. While it may seem innocuous, hundreds of motorists die in drowsy-driving crashes each year. If you are hurt or lose a loved one in an accident caused by a fatigued driver you might be entitled to compensation for your losses.
At Levin & Nalbandyan, we represent individuals who have been injured in motor vehicle accidents throughout Los Angeles, including car, bus, and truck accidents. After an accident, it may be difficult to determine who can be held liable. We help you understand your rights and pursue a claim for damages against all responsible parties. Contact our office today at (213) 232-4848 to schedule a free consultation.
Who Is Liable for an Accident Caused by a Fatigued Driver?
Determining liability after an accident can be challenging without the help of a qualified lawyer. It may be hard to prove that a driver’s fatigue caused your injuries or the death of your loved one. A lawyer can help build your case by subpoenaing evidence, collecting eyewitness statements, and recreating the crash.
Who you can sue may depend on the type of motor vehicle accident you were involved in. For instance, commercial truck drivers are regulated by state and federal law. They are only permitted to drive a certain number of hours to prevent fatigue. Violating these laws may help to prove liability against the truck operator or their employer.
What Happens When a Bus Driver’s Fatigue Causes an Accident?
Bus drivers are often at high risk for fatigue. They generally work long hours, travel long distances, and may have to pull graveyard shifts. If it can be shown that a bus driver’s fatigue caused your injuries, there may be one or more parties that can be held legally responsible.
Parties that can be held liable if a bus driver’s fatigue causes an accident:
- The bus driver
- The bus company
- A government agency
- The company that operates the tour (tour companies often rent the buses they use)
To determine who should be held responsible if driver fatigue caused the crash, you need to speak with an experienced attorney.
Who Can Be Sued If a Truck Accident Is Caused By Fatigue?
Driver fatigue or drowsy driving is often at least a contributing factor in truck accidents. Truck drivers are asked to keep grueling hours and usually travel overnight to reach their destination.
If a truck operator violates state or federal regulations including those provided by the Federal Motor Carrier Safety Administration (FMCSA) they (and their employer) may be held liable for damages. It is essential to discuss your case with a lawyer since the claims process for a trucking accident may be complex.
Who Is Liable in a Car Accident Caused by Driver Fatigue?
Driving fatigued can delay reaction times, cause lane drifting, and impair judgment. According to the National Highway Traffic Safety Administration (NHTSA), 633 people died from drowsy driving-related crashes.
If another driver’s drowsy driving caused your accident, they may be held responsible for your injuries. In most cases, you can pursue a claim against their insurance company. However, you must still prove liability.
Contact Our Office for a Free Consultation
Contact our office if you or a loved one are injured in an accident related to driver fatigue. Call (213) 232-4848 to schedule a free, no-obligation consultation. We have recovered millions of dollars on behalf of injured parties throughout Los Angeles. Get started on your case today.