Jackson, MS Driver Fatigue Car Accidents
Motor Vehicle Accident Attorneys Serving the Jackson Area
Frequently, the stress and obligations of daily life mean that many people have to go without getting the sleep that they need to function properly. One consequence is a driver fatigue car accident. In larger cities like Jackson, Mississippi, this problem can be even more common than normal. While a lack of sleep may seem relatively harmless to some, studies have shown that sleepiness and fatigue can impair concentration and coordination on a level similar to being intoxicated or drunk. When someone in that condition gets behind the wheel of a car, disastrous results can occur. At Nahon, Saharovich & Trotz, our Jackson car accident attorneys have a wealth of experience handling all types of car accident cases, including driver fatigue car accidents. If you have been injured by a fatigued driver in Jackson or the surrounding area, let our firm help you on your road to recovery. With 30 attorneys and more than 120 support staff, our firm has the resources needed to fight for your recovery.
Establishing a Claim Against a Fatigued Driver Following a Jackson Wreck
Obtaining recovery in a Jackson car accident case usually begins with establishing that the other driver was negligent in causing your injuries. Driver fatigue can be a way to prove negligence. Fatigue can cause a driver to be inattentive and unfocused. Drivers in that condition may drift into other lanes, ignore traffic signals, or even fall asleep at the wheel.
Falling asleep behind the wheel may lead to life-changing or even fatal injuries for Jackson residents. Nearly one-third of the fatal accidents in the city in 2014 (seven of 22) occurred between the hours of midnight and 5:00 A.M., when very few people are likely to be alert behind the wheel. While some of these crashes occurred on streets like Bailey Avenue and Hume Avenue, others occurred on I-55. The high speeds on an interstate make any crash more likely to be lethal. These accidents were relatively evenly distributed among the months of the year, although spring and fall saw slightly more accidents overall than summer and winter.
When attempting to prove that the driver who hit you was fatigued, it is helpful to know what signs to look for. Driver fatigue car accidents can occur for many reasons, and the problem is more common than some might think. Generally, the term driver fatigue brings to mind the image of a tired employee who just stayed up all night working on some important project. However, the cause of the fatigue can be less acute. Those who work late hours or odd hours on a consistent basis are also at risk of being chronically fatigued, even if they are getting some amount of sleep.
It is critical to sort through the facts of a driver fatigue car accident to find the proof you need to establish your claim for recovery. Even if a driver dozes off, he or she may point the finger right back at the victim for the accident and claim the victim did something to contribute to the collision. Comparative negligence is allowed as a defense in a Jackson car accident case. Mississippi law follows pure comparative negligence, meaning a victim’s recovery is reduced for every percentage point of fault attributed to that person. Without the assistance of a skilled attorney in Jackson to argue your case, you could walk away with much less than you deserve for your injuries, medical bills, lost wages, and pain and suffering.
Car Accident Lawyers Ready to Discuss Your Case
Call Nahon, Saharovich & Trotz today to discuss your car accident case with one of our personal injury attorneys. Our firm has been fighting for car accident victims for over 30 years, and we want to help you receive full compensation for your losses. We have represented clients across Mississippi, Tennessee, Missouri, Kentucky, and Arkansas, including in cities like Jackson, Tupelo, Oxford, Meridian, Columbus, Caruthersville, Grenada, Starkville, Hayti, Memphis, Knoxville, Nashville, Chattanooga, Little Rock, and Jonesboro. You can reach us toll-free at 800-LAW-4004 or by filling out our online form to schedule a free consultation with an auto accident lawyer. Let us show you why NST is the way to go if you have been hurt in an accident.
Most car accidents are preventable and occur as a result of errors by one or more drivers. To prove liability, you will need to establish by a preponderance of the evidence that the driver owed you a duty of care, which was breached, and that your injuries resulted from the driver’s carelessness. Damages that may be available in these cases often include medical expenses, lost income, mental anguish, loss of consortium, and pain and suffering.
Truck drivers are required to follow numerous detailed regulations, including rules related to hours of service, keeping a logbook, and maintenance procedures. Many of these regulations are intended to protect other people on the road from harm. In some states, if a driver violated a law that was enacted to protect the public, the violation can create a rebuttable presumption of negligence. Trucking companies are also required to follow a number of regulations, including rules related to background checks of drivers and proper supervision. They often may be held directly or indirectly liable for a truck accident.
The Social Security Administration (SSA) evaluates applications for disability benefits. Although many people pay into this system throughout their lives, many legitimate claims are initially denied, and this process may be less straightforward than claimants expect. The SSA uses a five-step sequential evaluation to determine whether to grant benefits to an applicant. Each step is considered in a set order. We can present your case in a persuasive manner and help you appeal a denial of a meritorious claim if needed. This could include representing you in a hearing before an administrative law judge.
Workers’ compensation functions slightly differently in each state. In Tennessee, for example, businesses that employ five or more employees must carry workers’ compensation insurance. If you are injured on the job, you may recover benefits, such as medical costs and disability. Neither your employer’s nor your own culpability for your injuries will prevent you from collecting these benefits. However, it may still be a struggle to obtain benefits from your employer’s insurer. We can help you navigate this challenging process.
If you were harmed by a health care professional’s failure to use the appropriate level of care in providing treatment to you, you may be able to recover compensation. Most medical malpractice lawsuits require retaining an expert to determine the accepted standard of care and explain what the defendant did that fell short of this standard, as well as how the inappropriate conduct caused the patient’s injuries.
When you buy a toy, car, medication, or other product, you do not expect to be hurt. If you are injured, you may have grounds to file a product liability lawsuit. There are three types of defects that may be actionable: manufacturing, design, and marketing (also known as failure to warn). Manufacturers may be held accountable under multiple different theories, including strict liability, negligence, breach of warranty, and concealment. For example, if you take a drug that causes you to develop cancer, but you were not told that a potential side effect of the drug was developing cancer, you may have grounds to hold the manufacturer strictly liable for its failure to warn you of the risk.
Nursing home residents are often elderly or disabled, and thus they are especially vulnerable to neglect, physical abuse, and exploitation by staff members. Unfortunately, many nursing homes are understaffed or employ staff members who are inadequately trained to deal with potentially frustrating situations. Nursing homes are required to protect their residents from physical, mental, and emotional harm by providing a safe environment, as well as adequately training and supervising staff. A failure to do so may be grounds for a nursing home negligence lawsuit for damages.
Property owners have a duty to keep their property reasonably safe. In most situations, this includes an obligation to inspect the property for dangerous conditions and fix them or provide warnings about them so that visitors are not harmed. One type of dangerous condition, which may present a particular problem in apartment complexes or shopping centers, consists of inadequate security measures such as broken locks, poor lighting, or a lack of security guards. A failure to take security measures when appropriate may allow third-party criminals to assault, rob, rape, or otherwise harm visitors and tenants. You may be able to recover damages if you can prove that the defendant knew or should have known about a history of attacks similar to yours and taken appropriate security measures to reduce the risk of further incidents.
Consult a Personal Injury Lawyer in Memphis or the Surrounding Regions
If you are dealing with a devastating injury or medical condition, the Memphis personal injury attorneys at Nahon, Saharovich & Trotz can evaluate and explain your options. Our firm has 30 attorneys and more than 100 staff members, and we serve injured people in many areas of Tennessee, Mississippi, Arkansas, Missouri, and Kentucky, including Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville. Contact our office toll-free by calling 800-529-4004 or by completing our online form to set up a free consultation with a personal injury, workers’ compensation, or Social Security Disability lawyer. Once you have learned more about our vigorous advocacy for the rights of the injured, you will realize that NST is the way to go.