Sadly, drowsy driving is a factor in thousands of traffic fatalities and injuries every year. If you been injured in an accident caused by a drowsy driver, you need to reach out to a seasoned Miami personal injury attorney without delay. At the Law Offices of Robert Dixon, we have handled numerous South Florida cases involving drowsy driving and can apply our experience and knowledge to your legal claim.
A recent study published in the journal SLEEP reveals that individuals who have slept fewer than seven hours in the past 24 hours have an increased chance of getting into and causing car crashes. The highest risk is for drivers who have slept fewer than four hours. While there is a way to measure a person’s blood alcohol content if he or she is suspected of driving under the influence, there is no way to figure out if a person has slept enough prior to getting behind the wheel. Driving while a person is sleepy, also known as drowsy driving, can significantly increase the risk of making errors and reducing reaction times. According to the National Highway Traffic Safety Administration, approximately 800 deaths were the result of drowsy driving last year.
Liability for Drowsy Driving Accidents
Accidents resulting from drowsy driving are more common than you may think. If you or a loved one was injured in an accident caused by a drowsy driver, you may be able to obtain compensation through a negligence claim. Negligence takes place when someone acts in a careless way and causes an injury to another person.
In order to win a negligence claim, the plaintiff (injured party) must establish the following elements:
- Duty: the defendant (the at-fault party) owed the plaintiff a duty of care;
- Breach: the defendant breached the duty of care owed to the plaintiff;
- Causation: the defendant’s breach was a direct cause of the drowsy driving accident; and
- Damages: the plaintiff was injured or suffered property damages as a result.
Each of the aforementioned elements has to be established before any damages may be recovered. In other words, if any one of the elements cannot be established, the claim will be unsuccessful.
Compensation for Drowsy Driving Accidents
Depending on the nature and extent of the harm suffered, the plaintiff may be able to recover a variety of damages, including medical expenses, future medical expenses, property damages, lost wages, pain and suffering, rehabilitation cases and more. The purpose of these damages is to compensate an injured person for the losses suffered due to the defendant’s negligence.
Trusted Miami Drowsy Driving Accident Lawyers
Drowsy driving is extremely dangerous. If you were the victim of someone else’s drowsy driving, you may be entitled to compensation under Florida law. At the Law Offices of Robert Dixon, our skilled Miami car accident attorneys will vigorously fight for your legal rights. With extensive experience in this area of law, we understand how to pursue the maximum amount of compensation for our clients. For more information about your legal rights and options, call us at 1-877-499-HURT (4878) or contact us online today.
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