Driving while drowsy, tired or fatigued is a significant crash risk, as it affects a driver’s ability to properly and safely control a motor vehicle. If you get hurt by a drowsy driver in New York, you may have the right to file a claim against the driver’s car insurance for benefits instead of only using your own. An experienced car accident lawyer near you can help you hold a drowsy driver – or their employer – accountable.
Who Is at Risk of Drowsy Driving?
Drowsiness compromises reaction times, awareness, focus and decision-making. A drowsy driver may drift out of his or her lane or cross the centerline into oncoming traffic. While anyone who gets behind the wheel while tired is a risk, certain people are more likely to engage in this dangerous behavior than others:
- Commercial drivers
- Truck drivers
- Long-haul truckers
- Delivery drivers
- Shift workers
- Uber, Lyft and taxi drivers
- Impaired drivers (drugs and alcohol)
- Drivers on certain medications
- Those with narcolepsy, sleep apnea or other sleep disorders
- Those driving at night or overnight
- New parents
- Young or inexperienced drivers
According to the National Safety Council, on average, about 1 in 25 adult drivers has reported falling asleep while driving. An estimated 6,400 people lose their lives annually due to drowsy driving accidents, according to the National Sleep Foundation.
Injuries Caused by Drowsy Driving Accidents
Since a drowsy driver may not notice or react in time to changing roadway situations, they might not touch the brakes before the time of impact. For this reason, drowsy driving accidents are often serious, high-speed collisions. Examples include rear-end collisions, T-bone accidents and head-on collisions.
Victims of drowsy driving in New York often visit hospitals with injuries such as concussions, whiplash, traumatic brain injuries, spinal cord injuries, broken bones and internal injuries. When the injuries from a drowsy driving crash are severe, it is important for the victim to consult with an attorney about his or her legal rights.
Your Rights After Getting Hit by a Drowsy Driver in New York
New York is a no-fault car insurance state. Under this rule, someone involved in a car accident is required to seek financial compensation from their own car insurance provider, regardless of fault. All drivers must carry personal injury protection (PIP) insurance to pay for their own medical bills and lost wages.
If an injury caused by a car accident is serious, debilitating, permanent or fatal, however, the victim has the right to sue the at-fault driver for financial damages. In this case, a drowsy driver could be held liable (financially responsible) for operating a vehicle while dangerously tired. This type of claim could lead to compensation for the victim’s medical bills, lost wages, property damage, and pain and suffering.
How Can a Lawyer in New York Help After a Drowsy Driving Accident?
Hiring a car accident lawyer in New York to represent you as the victim of a drowsy driving accident can improve your odds of success. The right attorney can build a strong claim on your behalf using available evidence, such as the other driver’s medical records, employment records, and schedule if he or she was driving for work at the time of the accident.
Your lawyer can investigate, collect evidence and communicate with car insurance companies for you while you concentrate on healing. An attorney will fight for maximum results for you – unlike a car insurance company, a lawyer is on your side.
If you’ve recently been injured in a drowsy driving crash, contact Abaev Law Firm, PLLC for a free consultation with an experienced attorney in New York.