Charleston Drowsy Driving Accident Lawyers
Charleston Drowsy Driving Accident Lawyers
At Rogers, Patrick, Westbrook & Brickman LLC, we understand the serious dangers posed by drowsy driving. Fatigue impairs reaction time, judgment, and focus, making it just as dangerous as driving under the influence of alcohol or drugs. Unfortunately, many drivers on the road underestimate the risks of driving while tired, putting themselves and others in harm’s way. If you or a loved one has been injured in a crash caused by a drowsy driver, our experienced Charleston drowsy driving accident lawyers are here to help.
What Is Drowsy Driving?
Drowsy driving refers to operating a vehicle when a driver is too tired to focus and respond appropriately to road conditions. Drowsiness affects a person’s ability to make sound decisions, maintain alertness, and react quickly to changes on the road. This can lead to accidents involving single vehicles, other motorists, pedestrians, or cyclists. Unfortunately, many drivers are unaware of how dangerous fatigue can be until it’s too late.
Drowsy driving is not limited to drivers who are exhausted from a long night’s sleep deprivation; it can also affect people who have long driving shifts, those taking medications that cause drowsiness, and individuals with undiagnosed sleep disorders. In fact, research has shown that driving after being awake for 18 hours is equivalent to driving with a blood alcohol content (BAC) of 0.05%. After 24 hours of wakefulness, it’s equivalent to a BAC of 0.10%, which is over the legal limit.
How Drowsy Driving Affects Driving Ability
Fatigue impairs driving abilities in various ways:
- Slower Reaction Times: Fatigued Drivers take longer to respond to hazards.
- Reduced Attention: Drivers may struggle to focus on the road, leading to missed signs, signals, or road conditions.
- Poor Decision-Making: Fatigue can lead to risky behaviors like speeding or failing to yield.
- Microsleeps: In severe cases, a driver may experience brief periods of unconsciousness, or “microsleeps,” lasting just a few seconds, during which they lose complete control of the vehicle.
Drowsy drivers may also have difficulty keeping their vehicles in the correct lane, misjudge the speed of oncoming traffic, or fail to notice changes in traffic patterns. The dangers of drowsy driving are often understated, and the accidents caused can be deadly or result in serious injuries.
Common Causes of Drowsy Driving Accidents
Several factors contribute to drowsy driving accidents, including:
- Sleep Deprivation: Lack of sleep, whether from a long workday, insomnia, or other factors, significantly increases the risk of fatigue while driving.
- Long Road Trips: Drivers who have been on the road for extended periods may begin to feel fatigued, especially during night drives or in monotonous driving conditions.
- Medications: Some over-the-counter or prescription medications can cause drowsiness, which can affect a driver’s ability to operate a vehicle safely.
- Shift Work: Individuals who work night shifts or have irregular schedules are more likely to be sleep-deprived, making them more susceptible to drowsy driving accidents.
- Alcohol Consumption: While not always the primary cause, alcohol can compound the effects of fatigue, making drowsiness even more dangerous.
Even people who are not necessarily sleep-deprived may still be at risk if they drive at night or after long hours on the road. For instance, many commercial truck drivers are required to follow tight schedules and regulations that often lead them to work longer hours than the average person. This makes them more prone to drowsy driving accidents.
What Are the Signs of Drowsy Driving?
Recognizing the signs of drowsy driving as a driver and passenger is essential. Common indicators include:
- Frequent yawning
- Difficulty keeping eyes open
- Wandering or blurred vision
- Lane drifting or tailgating
- Heavy head nodding
- Missing exits or turns
If you notice any of these signs, it is critical to pull over and rest before continuing to drive. Recognizing these warning signs early can be the difference between a safe journey and a serious accident. If you observe these signs in someone else, encourage them to stop driving and rest.
Legal Responsibility in Drowsy Driving Accidents
If a drowsy driver causes an accident, they can be held legally accountable for the injuries and damages that result. Drowsy driving is considered negligent, and injured parties have the right to seek compensation for:
- Medical Expenses: This includes hospital bills, rehabilitation costs, prescription medications, and ongoing treatment.
- Lost Wages: If the accident caused you to miss work, you may be entitled to compensation for your lost income.
- Pain and Suffering: Drowsy driving accidents often result in significant physical and emotional pain, which can be compensated.
- Property Damage: If your vehicle or other property was damaged in the accident, you may be able to recover the costs of repairs or replacement.
Additionally, suppose the driver was operating a commercial vehicle or was on the job at the time of the accident. In that case, their employer may also be held liable for the accident under the legal principle of vicarious liability.
Why Choose Our Charleston Drowsy Driving Accident Lawyers
At Rogers, Patrick, Westbrook & Brickman LLC, we have a proven track record of helping clients secure compensation for injuries caused by drowsy driving. Our dedicated team is ready to guide you through the legal process. We will:
- Investigate the cause of the accident. Our attorneys will conduct a thorough investigation to determine the exact cause of the accident, including reviewing driver logs, traffic data, and medical records.
- Negotiate with insurance companies. Insurance companies may try to minimize payouts, but we have the experience to negotiate effectively.
- Represent you in court if necessary. If your case goes to trial, we are ready to represent you, using our extensive experience to fight for your rights.
Our team is committed to holding negligent drivers accountable. We understand the challenges drowsy driving accidents can bring to victims and their families. You can trust that we will fight tirelessly for the compensation you deserve.
What to Do After a Drowsy Driving Accident in Charleston
If you have been involved in a crash caused by a drowsy driver, follow these steps to protect your health and legal rights:
- Seek medical attention. Some injuries may not be immediately apparent, even if you feel fine initially. For example, head, neck, or back injuries may worsen over time.
- Gather evidence. Take photos of the scene, get witness statements, and exchange information with the other driver. Gather evidence of the driver’s drowsiness, such as witness testimony or dashcam footage, if possible.
- Contact our lawyers. An experienced attorney can help guide you through the complex legal process and ensure that your rights are protected.
Our team will handle the legal aspects of your case so that you can focus on recovering from your injuries and moving forward.
How Can I Prove That the Other Driver Was Drowsy?
Proving drowsy driving can be challenging, but our attorneys will gather evidence such as driver logs, traffic camera footage, eyewitness statements, and medical records to support your case. We may also rely on expert testimony to establish that fatigue contributed to the crash.
Get Legal Help Today From the Charleston Drowsy Driving Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC
If you or a loved one has been injured in a drowsy driving accident, having a knowledgeable lawyer on your side is essential. The Charleston drowsy driving accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC are committed to helping you. Call 843-727-6500 or contact us online for a free consultation. Located in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, we serve clients across the state.
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