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Written by: The Benton Law Firm Last Updated : November 28, 2022

Dallas Attorneys for Car Crashes Caused by Driver Fatigue

driver fatigueA car accident can leave you overwhelmed and potentially seriously injured. If you were involved in a car accident in Dallas that was not your fault, you might be entitled to compensation. The attorneys at The Benton Law Firm recognize that money cannot make up for the physical, mental, and emotional injuries you may have sustained as a result of the accident.

However, compensation can help cover your medical costs, your future medical costs, and your daily expenses if you’re unable to work. The compassionate and experienced Dallas Texas car accident attorneys of The Benton Law Firm fight hard to protect your rights and seek fair compensation to help pay for your injuries and other accident-related losses. Call our office today at (214) 777-7777 for your free consultation and case evaluation.

How Long Do I Have to File a Lawsuit?

Texas law limits the amount of time you have to file a personal injury lawsuit. In some instances, you may not be able to recover fair compensation by negotiating with the at-fault party’s insurance company. In this is the case in your situation, you may choose to file a personal injury lawsuit to seek restitution in court.

However, you must file the lawsuit within two years of the date of the accident. This time period is dictated by the statute of limitations. If a lawsuit is not filed in the two-year period, you likely relinquish your rights to pursue compensation and justice through the court system.

What Is Driver Fatigue?

Driver fatigue is a serious problem. According to the National Highway and Traffic Safety Administration, it was a factor in 697 deaths in 2019. Fatigue is a biological warning that your body requires rest. Unfortunately, many otherwise responsible individuals believe that driving when they’re a little sleepy is not a big deal.

According to the National Sleep Foundation, fatigue can slow your thinking and reduce your attention span. Each of these functions is essential when you are behind the wheel. Fatigue also impacts your decision-making skills.

The risks of driving drowsy or driver fatigue can sometimes have tragic results. The CDC reports that one out of every 25 adults admitted they fell asleep behind the wheel in the past 30 days. Drowsiness makes the driver less attentive, slows reaction time, and affects their ability to make decisions.

A lack of sleep affects your coordination, judgment, and reaction time in the same way that drinking too much alcohol does. After being awake for at least 18 hours, your skill set is the same as someone who has a blood alcohol content of 0.05 percent, and after 24 hours, it’s equal to a blood alcohol content of 0.10 percent. This is higher than the legal limit in all states.

Types of Injuries from Car Crashes

nighttime car accident

When driver fatigue is responsible for a car accident, all types of injuries are possible. When a driver is fatigued, they may not react quickly enough to stop in time and end up rear-ending the car in front of them. If they fall asleep at the wheel, their car may run off the road or strike a car going in the opposite direction. Driver fatigue may also cause the driver to allow the car to swerve into the next lane and sideswipe another vehicle.

The following are just examples of the types of injuries that can happen when a driver is fatigued:

Types of Available Compensation

After being involved in a car accident that was not your fault, you may have questions about the type of compensation that might be available. The compassionate and experienced attorneys from The Benton Law Firm are available to discuss the details of your case and advise you about your legal options.

Generally speaking, economic and non-economic damages are potentially available to the victim. Economic damages are compensation for verifiable and objective expenses for which you normally have a receipt. This can include documentation of lost wages, medical expenses, and replacement for damaged property.

Non-economic damages are compensation for subjective, intangible losses. You may be entitled to an award of damages to compensate you for emotional pain and suffering, mental or emotional distress, loss of consortium, or loss of enjoyment of life.

In rare circumstances, a judge may award exemplary damages in a personal injury lawsuit. These damages are not awarded to compensate you. Rather they are awarded to you to punish the defendant when their actions were grossly negligent, malicious, or fraudulent.

How We Can Help

After a car accident, the at-fault party’s insurance company may send an insurance adjuster to speak with you. While they often present themselves as your friend, their job is to gather evidence to disprove your claim. An insurance adjuster may ask you about the details of the accident or ask you to make a recorded statement. You are within your rights to refuse until you have legal representation.

Our compassionate attorneys are skilled negotiators and have many years of experience negotiating with insurance companies. When you hire us, we will advise you about communicating with the insurance company. We can help prevent you from inadvertently saying something that will reduce the compensation you receive for your claim. We’ll work to negotiate a full and fair settlement with the insurance company on your behalf.

When negotiation is not successful, our lawyers are tenacious litigators and will aggressively represent you in court. When you or someone you know needs a personal injury attorney in Dallas, think The Benton Law Firm.

Call The Benton Law Firm for Help After a Car Accident

The legal team at The Benton Law Firm is here to help you. If you or a loved one was involved in a car accident in the Dallas area caused by the other driver’s fatigue, our legal team will fight to protect your rights and will seek fair compensation to cover your injuries and other accident-related losses.

We believe that our clients deserve to be represented by an accomplished attorney with whom they are comfortable and whom they trust. We encourage you to call our office today at (214) 777-7777 or reach out to us online to schedule a free consultation and case evaluation to review the details of your case and have your questions answered.

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