CALL US TODAY, TOLL FREe (864) 485-5555
Request your Free Consultation
Some people do not appreciate the dangers of drowsy driving, which leads them to get behind the wheel despite a lack of sleep or feeling fatigued. However, much like an intoxicated driver, a drowsy driver can put everyone else on the road at risk, including other drivers and passengers, cyclists, and pedestrians.
If you were hurt in an accident caused by a drowsy driver in Greenville, South Carolina, contact The Melonakos Law Firm for a free consultation about your case. One of our skilled car accident attorneys will review the details of your situation, explain your options for seeking compensation, and discuss what to expect from the insurance and legal processes.
Drowsy driving occurs when someone operates a motor vehicle while overly fatigued, which can significantly reduce their reaction times and increase the risk of falling asleep behind the wheel. According to the National Highway Traffic Safety Administration (NHTSA), drowsy driving caused 633 fatalities in a single recent year.
In a city like Greenville, where I-85, I-185, and I-385 carry large volumes of traffic every day, drowsy driving is a significant concern. Early morning commutes, late-night shifts, and long-distance trucking routes all contribute to drowsy driving auto accidents in the area.
While anyone can become fatigued while driving, certain drivers and motorists in certain circumstances are more likely to experience drowsiness due to specific risk factors. Understanding the common causes of drowsy driving, including lack of sleep, overnight shifts, long-distance travel, sleep disorders, and medications, can help establish fault for the car wreck that caused your injuries.
The most obvious cause of drowsy driving is a lack of sleep. Drivers who get fewer than six hours of sleep per night typically experience higher levels of drowsiness during their morning commute and later in the day when their fatigue catches up with them.
Individuals who work overnight or rotating shifts are more prone to fatigue due to disruptions in their sleep cycle. Overnight workers may be at a higher risk of accidents in the early morning hours as they return home, and those with varying work hours may struggle to get consistent sleep each night.
Truck drivers, delivery drivers, and motorists going on long road trips often travel for extended periods without adequate breaks. Drowsy driving is such a significant issue for commercial drivers and poses such a danger to others on the road that the Federal Motor Carrier Safety Administration (FMCSA) requires truck drivers to take breaks and adhere to hours-of-service regulations.
Certain conditions, such as sleep apnea or insomnia, can increase a driver’s risk of becoming drowsy. It can occur even if the driver believes they got enough rest, as their condition may have diminished the quality of the rest they got.
Some over-the-counter and prescription medications may cause drowsiness as a side effect, which can have dangerous consequences for drivers. The medications often have warning labels stating that those who take them should avoid operating vehicles or heavy machinery. Drivers who ignore the warnings may be found negligent and responsible for the car crashes they cause.
One of the main challenges in drowsy driving cases is proving that the other driver’s fatigue contributed to or directly caused the accident. Unlike with drunk driving, there is no test police can conduct to determine a driver’s fatigue level at the scene. Instead, injured parties must work with experienced drowsy driving attorneys who can gather the necessary evidence to prove fault.
As part of our investigation into the crash, our Greenville auto accident lawyers can:
South Carolina has a modified comparative negligence law that could reduce the compensation you receive if you were partly to blame for the crash. Under comparative negligence, your compensation could be reduced by a percentage equal to your degree of fault. If you were 51 percent or more at fault, you may lose your right to recover compensation altogether. For this reason, it is crucial that you work with an attorney who can secure the evidence necessary to prove the drowsy driver’s fault for the car accident.
If you were hurt in a drowsy driving car crash in Greenville, you may be eligible to recover compensation for your economic and non-economic losses through an insurance claim or personal injury lawsuit.
Economic losses are those with tangible value. Calculating the extent of these losses typically involves adding up bills and lost income. Examples include:
Non-economic losses are personal losses, which makes them harder to put a price on. However, a knowledgeable and compassionate lawyer can help you seek fair compensation for:
At The Melonakos Law Firm, our personal injury attorneys have successfully recovered more than $50 million for our clients. Our track record of results does not guarantee future outcomes, but it does indicate the level of resources and experience we bring to complex personal injury claims.
Our attorneys have over a decade of experience practicing law and handling a wide range of injury cases, including those involving motor vehicle accidents caused by drowsy driving. Our attorneys are always available to answer your questions and provide status updates about your case.
Contact our firm today for a free consultation with our Greenville car accident lawyers to learn more about our methods for tackling drowsy driving accidents. We will guide you through the process of identifying liable parties, gathering evidence, calculating losses, negotiating with insurance companies, and advocating for our clients’ rights in court when necessary.
