Jonesboro Driver Fatigue Car Accidents
With all of the time constraints and demands of everyday life, many people do not get the sleep their bodies require in order to feel alert and refreshed each day. As a result, it is not uncommon for sleep-deprived drivers to fall asleep behind the wheel and crash into another vehicle. It is also not uncommon for driver fatigue car accidents to result in serious injuries, especially on busy Jonesboro roadways with high speeds like I-555.
If you have been injured in a crash caused by a drowsy driver, call Nahon, Saharovich & Trotz today to speak with one of our Jonesboro car accident attorneys. Our firm has a skilled team of 33 injury attorneys and over 120 staff members.
Driver Fatigue Car Accidents in Jonesboro
While there are various campaigns against drunk driving and the risks associated therewith, many people do not consider driving while fatigued to be a considerable risk. However, with 60% of drivers admitting to having driven while fatigued and 33% admitting to actually falling asleep behind the wheel, drowsy driving may actually be more prevalent and a greater danger than drunk driving.
Research indicates that sleep deprivation produces similar effects as alcohol intoxication. A person who has been awake for at least 18 hours would experience similar effects as a person with a .05% blood alcohol concentration (BAC). Alarmingly, a person who has been awake for at least 24 consecutive hours would experience similar effects as a person with a BAC of .10%. By comparison, under Arkansas law, a person can be charged with and convicted of driving while intoxicated if he or she has a BAC of .08% or higher.
In a driver fatigue car accident, just like in any other auto accident, you will need to prove that the fatigued driver’s negligence caused the crash in order to recover monetary damages. If you can satisfy this burden of proof, you can seek monetary compensation for your economic and non-economic damages. Economic damages include medical bills, lost wages, and any other losses that can objectively be assigned a specific monetary value. Non-economic damages, on the other hand, include those losses that are more subjective in nature, such as pain and suffering and loss of enjoyment of life.
Under Arkansas law, car accident victims will generally have only three years from the date of the accident to sue for any bodily injuries sustained in a car accident or to settle the claim out of court. Otherwise, the claim will expire. To make sure your rights are protected and that your claim is asserted in a timely fashion pursuant to the applicable statute of limitation, you should consult with a knowledgeable car accident lawyer in Jonesboro.
It is important to keep in mind that even if you bear some of the responsibility for the accident, you may still be able to pursue a claim for your bodily injuries. Arkansas follows modified comparative negligence, under which you may still seek recovery for your injuries, so long as your share of the blame for the accident is less than 50%. If so, then your comparative negligence will reduce the amount of compensation you receive. In other words, if you are 20% at fault for the accident and the fatigued driver is 80% at fault, then your recovery will be reduced by your comparative negligence – in this situation, 20%. However, if you are 50% or more at fault for the accident, then you are barred from recovery and may receive no compensation at all.
Discuss Your Car Wreck Claim with a Jonesboro Lawyer
If you are the victim of a driver fatigue car accident, one of our knowledgeable attorneys can discuss with you the various legal aspects of your case. Our firm has handled personal injury cases for more than 30 years, and our attorneys have recovered more than $1.5 billion in compensation for our clients during that time.
We represent victims injured in driver fatigue car accidents in Jonesboro and all across the South. Call Nahon, Saharovich & Trotz toll-free at 800-LAW-4004 or complete our online form to set up a free consultation today with one of our car wreck attorneys.
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.
317 Southwest Drive Suite B
Jonesboro, AR 72401