Drowsy driving is a pervasive issue that often flies under the radar, overshadowed by more publicized causes of accidents like drunk driving or texting while driving. Yet, the consequences can be just as devastating. If you’ve been injured in an accident caused by a drowsy driver, you’re likely grappling with a whirlwind of emotions, medical bills, and legal complexities. Today, we aim to guide you through the labyrinth of legal rights and options available to you in the state of Florida.
The Reality of Drowsy Driving Accidents
Driving while drowsy significantly impairs your cognitive functions and motor skills. The effects of sleep deprivation on driving abilities are profound, affecting everything from decision-making to reaction times. When you’re drowsy, your ability to:
- Making quick decisions is compromised
- React to sudden changes in traffic is slowed
- Maintain a consistent speed and lane position is affected
- Recognize road signs and signals diminishes
These impairments can lead to catastrophic outcomes, especially when high speeds or heavy traffic are involved. Late-night driving can be particularly perilous, as can setting out on a journey after a grueling work shift. Even the monotony of a long highway drive can lull a driver into a state of fatigue, reducing their alertness and reaction time.
Legal Rights and Recourse in Florida
Victims of drowsy driving accidents can seek various forms of compensation. These may include:
- Medical expenses for immediate and ongoing care
- Lost wages due to time off work
- Emotional distress/pain and suffering
- Property damage, such as vehicle repairs
No matter the cause of the accident, you deserve compensation if a negligent driver caused you or a loved one severe injuries.
Proving Negligence
Establishing the other driver’s liability is arguably the most important part of any personal injury case for car accidents. This process involves:
- Gathering eyewitness accounts
- Obtaining police reports
- Collecting any available video footage from drivers or nearby businesses
- Consulting expert witnesses
As an injured party, you don’t have to undertake this alone – attorneys provide vital support and assistance, owing to their years of experience in the field.
There’s a time limit for filing a personal injury claim in Florida, generally four years. Missing this deadline could forfeit your right to compensation. It’s vital to consult a legal expert promptly to ensure you adhere to this timeframe.
Were You Recently Involved In An Accident With A Drowsy Driver?
Navigating the legal maze after a drowsy driving accident can be overwhelming, but you’re not alone. Here are some practical steps to consider to move forward:
- Consult a Lawyer: Seek advice from a personal injury lawyer experienced in drowsy driving cases. They can guide you through all the legal intricacies, from evidence collection to court representation.
- Gather Evidence: Evidence needed for your case can range from medical records and eyewitness accounts to traffic camera footage. The more evidence you can procure, the stronger your claim.
- Settlement vs. Trial: Each has its pros and cons. Settlements are usually quicker but may offer less compensation. Trials can yield higher payouts but are time-consuming and uncertain. Your lawyer can help you decide the best course of action based on your specific circumstances.
Florida recently transitioned from a pure comparative negligence system to a modified one. This change means that even if you were partially at fault for the accident, you could still seek compensation. Specifically, you can recover damages in proportion to the other driver’s percentage of fault as long as your own share of responsibility is 50% or less. Reach out today to see what options are available.
Probinsky & Cole is a personal injury law firm with offices in Tampa, Orlando, and Sarasota. We specialize in helping car accident victims get the compensation they deserve.
