Tupelo Driver Fatigue Car Accidents
It has been estimated that 80% of car crashes in the United States are the result of driver fatigue. Recent studies have shown that over 300,000 driver fatigue car accidents result in over 6,000 deaths each year. While 96% of all Americans believe driving while fatigued is unacceptable, thousands are injured each year as a result of someone else’s careless disregard for those around them. The Tupelo car accident attorneys at Nahon, Saharovich & Trotz have represented people injured by the negligence of others for over 30 years, and we are ready to speak with you today about your case. If you have been injured or lost a loved one in the Tupelo area due to the carelessness of a tired driver, call our office today.
Representing Your Interests After a Driver Fatigue Car Accident
In Mississippi, most injured parties have three years from the date of the accident to either settle their claim or properly file a lawsuit in the proper jurisdiction. Exceptions apply if the defendant is a government entity within the state. Accordingly, it is important to hire a car accident lawyer in the Tupelo area immediately after a car accident so that you do not lose out on your right to recover. Every case is unique, and they all have different variables that must be addressed along the way. Specifically, in driver fatigue car accidents, witness reports can be extremely important. An independent witness testifying that he or she saw the at-fault party dosing off or yawning can greatly improve your chances of being able to prove the defendant’s negligence. Over time, witnesses may leave town or change phone numbers, evidence can be lost, and important information may be forgotten. You should retain a Tupelo attorney who can immediately begin the investigation process to preserve all necessary evidence related to your claim.
Investigating a driver fatigue car accident usually starts by determining how to prove the defendant driver’s negligence, or failure to act reasonably under the circumstances. Under Mississippi law, negligence is found when the following elements are proven:
- Duty owed to the plaintiff by the defendant.
- Breach of that duty.
- The cause of the plaintiff’s injuries resulted from the breach (direct and proximate causation).
- The plaintiff suffered damages as a result of the breach.
An injured party must prove the above four elements by a preponderance of the evidence. This means that evidence will be judged by its truth and accuracy, not strictly by the amount of evidence presented. Sometimes, the defendant will introduce evidence that asserts comparative fault against the plaintiff. Mississippi law follows pure comparative negligence. In pure comparative negligence states, the injured party’s own negligence will not automatically bar his or her recovery, but it may operate to reduce the award by the percentage of the negligence attributed to him or her. This could reduce the victim’s recovery for compensatory damages like medical bills, lost wages, pain and suffering, and permanent scarring or disfigurement.
Contact an Experienced Lawyer Today to Discuss Your Auto Accident Case
Many times, driver fatigue car accidents are head-on collisions or rollover accidents. These accidents often lead to brain injuries, loss of limbs, paralysis, and other disabling injuries. The Tupelo lawyers at Nahon, Saharovich & Trotz have assisted thousands of injured victims over the years and understand the impact these types of injuries can have on you and your loved ones. Contact us by calling 800-LAW-4004 or by completing our online form for a free consultation.