Attorneys Seeking Compensation for Fatigued Accident Victims
Driving while fatigued can be surprisingly dangerous and is, in fact, often compared to driving while intoxicated in terms of the frequency with which fatigued driving causes accidents in our community and across Florida. Fatigued driving accidents are so common that the state of Florida designates the first week of September as Drowsy Driving Prevention Week, and it has recently enacted legislation inspired by a small child who was killed in an accident caused by a cement truck driver who fell asleep behind the wheel. This law specifically states that fatigue is as much of an impairment as alcohol, and it is just as dangerous when operating a motor vehicle. Our Florida fatigued driving accident lawyers are dedicated to helping clients throughout the Florida community navigate the legal system in these often difficult cases.
Unfortunately, even drivers who typically consider themselves to be cautious drivers, and who would never even consider driving drunk, occasionally drive while overly tired. Unlike drunk driving accidents, however, it can be difficult to prove that a driver’s fatigue caused the accident in question. Gonzalez & Cartwright, P.A. has over three decades of combined experience providing the highest-quality bilingual legal support to individuals who have been injured through no fault of their own, and we offer support and guidance to our clients throughout the entire legal process in their auto accident cases.
Elements of a Drowsy Driving Accident Claim
Driving while overly fatigued is a form of negligence. In fatigued driving accident cases, our attorneys pursue claims for resulting injuries or wrongful death under negligence theories which require proving that:
- The driver owed the injured party a duty of care, meaning a duty to refrain from driving while fatigued.
- The driver breached this duty by driving while fatigued.
- Injuries were sustained as a result of the auto accident.
- The injured party incurred damages in the form of injury, death, or property damage.
Although the elements of the negligence claim match that of the typical car accident claim, fatigued driving accidents often require special investigation to gather sufficient evidence to support the claim that fatigue itself caused the accident. In order to establish this, our Florida fatigued driving accident lawyers investigate and evaluate the following questions:
- Was the driver coming off a long shift at work?
- Was the driver taking any medications that could cause drowsiness?
- Did the accident occur at a time of day when the driver would typically be asleep?
- Were there any witnesses who can testify to the driver’s mental state before getting behind the wheel?
Contact the Dedicated Legal Team at Gonzalez & Cartwright, P.A. for Advice Following a Fatigued Driving Accident
At Gonzalez & Cartwright, P.A., we understand how intimidating the legal system can be for members of the local community, and we are dedicated to standing up for your rights. Our attorneys understand the tactics often employed by insurance companies following an accident involving a fatigued driver, and we will work to gather evidence to support a claim against the fatigued driver. Because no scientific evidence of the driver’s fatigue will likely exist to support a claim, it is important to contact our offices as soon as possible after the accident so that we can evaluate the scene and identify witnesses early in the process.
We know how important it is to find an attorney who you can trust to advocate for your rights while you recover physically and emotionally from a fatigued driving accident. Our drowsy driving accident attorneys in FL are truly dedicated to the local community, and we are actively involved in providing a voice for individuals who may be afraid to come forward to protect their own rights following a tired driver accident.
Schedule a Free Consultation
Contact our offices to schedule a free initial consultation to discuss your options if you have been injured in an accident caused by a fatigued driver. We have our main office located at 813 Lucerne Ave, Lake Worth, FL 33460, as well as an office in Pompano Beach, Florida. You can also fill out this online form, and we will respond promptly. We offer personal attention to each and every one of our clients, and we even provide our cell phone numbers so that you can contact us in case of an emergency. At Gonzalez & Cartwright, P.A., you speak directly to our attorneys whenever you have issues involving your case. You can find more information on Broward County Injuries and Palm Beach County Injuries on these pages.
Frequently Asked Questions About Florida Fatigued Driving Accidents
If the fatigued driver was working at the time of the car accident, generally because his or her job involves driving for a living, it may be possible to pursue a claim for damages against the individual’s employer. Often, trucking companies and other delivery service companies place undue pressure on their employees to drive for long periods of time and without adequate rest. This can contribute to accidents, as can poorly trained employees or a lack of procedures designed to prevent fatigued driving.
Yes. Each driver who uses the roads in Florida owes others on the road a duty to act responsibly to prevent accidents. A responsible person would take measures to prevent fatigue from impacting his or her driving, including potentially stopping for rest breaks, drinking caffeine, asking someone to drive with them in order to effectively take breaks, or simply knowing the potential side effects of any medications.