Can I File a Personal Injury Claim in Virginia Beach After Being Hit by a Fatigued Driver

Fatigued driving has been likened to drunk driving. To make matters worse, fatigued drivers sometimes use illegal and over-the-counter drugs to remain awake. According to research, a fatigued driver increases the risk of accidents, just like a drunk driver. If you are involved in an accident caused by a fatigued driver in Virginia Beach, VA, or anywhere else for that matter, you have the right to file a personal injury claim. The negligent party should pay for all the damages caused by their negligent conduct. If you are in this situation, a Virginia Beach personal injury attorney will greatly help. 

The Risk Posed By Fatigued Drivers 

Vehicle accidents, especially truck accidents are never welcome and can become tragic. Even though there are many other causes of vehicle accidents, driver fatigue is among the most common. In fact, stats from federal agencies show that fatigued drivers are responsible for about 328,000 fatal crashes annually.

The most affected type of vehicles are trucks. The reason is that most truck drivers drive long distances, affecting their concentration. To make matters worse, trucking companies impose strict deadlines and subject drivers to unrealistic schedules. This has led to more truck crashes.

Virginia Beach has seen a spike in accidents caused by fatigued drivers. Despite the trucking laws prohibiting drivers from driving for 11 consecutive hours, they seem to find ways to keep driving while sleepy or fatigued. This poses a significant risk to other road users. Drivers suffering from extreme fatigue can:

  • Fall asleep while driving
  • Falsify logbook details to cover their lack of sleep
  • Engage in reckless driving like speeding
  • Use drugs to stay awake

These actions can lead to a tragic accident that leaves victims with catastrophic injuries. If a fatigued driver hits you in Virginia Beach, you need a personal injury lawyer to help you file your personal injury claim.

What To Do If You Suffer Injuries in a Fatigued Driver Accident

Every driver needs to understand the risks of fatigued driving and recognize the signs. If fatigued, the driver should pull over and rest. Remaining on the road puts the safety of other road users at risk, as the driver may lose control of the car.

Virginia law allows accident victims to file a personal injury claim for medical costs, physical suffering, and property damage. All the other losses due to drowsy driving collisions may be compensable with adequate evidence.

While it is easy to determine if a driver is drunk, it is challenging to determine if a driver was fatigued before the accident. Urine and blood samples exist to detect the presence of alcohol, but there is virtually nothing to determine if the driver was fatigued. Thankfully, personal injury attorneys at Shapiro, Washburn & Sharp are experienced in handling such cases. They know how to obtain medical evidence or conduct depositions of witnesses to help supply proof.

If you have sustained injuries in a collision caused by a fatigued driver, seek the counsel of a Virginia Beach personal injury attorney immediately. The attorney will help you review details of the crash scene, analyze the driver’s activities leading up to the crash, and collect eyewitness accounts. Such details will go a long way in helping you prove your claim.

Call Shapiro, Washburn & Sharp Today

Our Virginia Beach personal injury attorneys will help you get the compensation you deserve for damages and injuries. Contact Shapiro, Washburn & Sharp to schedule a free case evaluation with one of our dedicated personal injury attorneys.

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