Drivers in West Virginia engage in many dangerous and deadly driving practices. One of the most common is driving while drowsy or fatigued. If you suspect the driver who hit you in Morgantown was falling asleep behind the wheel, you may be eligible for financial compensation from that driver’s insurance company.
At Robinette Legal Group, PLLC, our car accident lawyers have years of experience handling cases involving drowsy, fatigued, and intoxicated drivers. We understand how these cases work and how best to help injured crash victims. Discuss your legal options in detail today during a free consultation with one of our attorneys in Morgantown.
The Danger of Fatigued Driver Accidents
According to the Centers for Disease Control and Prevention (CDC), drowsy driving is just as dangerous as drunk driving. Going 24 hours without sleep is the equivalent of having a blood alcohol content level of 0.10 percent – higher than West Virginia’s legal drunk driving limit of 0.08 percent.
Both drunk and drowsy driving can impair the ability to safely operate and control a motor vehicle. Fatigue from lack of sleep can cause cognitive impairment, which can lead to delayed reactions and poor judgment behind the wheel. Drowsy driving can result in many catastrophic types of auto accidents, such as:
High-speed rear-end collisions
Chain-reaction or pileup accidents
These accidents can cause serious injuries and fatalities. The CDC reports an annual average of about 37,000 injuries and 900 deaths related to drowsy driving. Common injuries suffered in these car accidents include broken bones, head trauma, brain injuries, spinal cord injuries, and internal injuries.
Is West Virginia a No-Fault State?
No, West Virginia is not a no-fault state. In a no-fault state, all drivers injured in a car accident seek financial compensation from their own insurance providers, regardless of fault for the crash. In West Virginia, under the traditional fault insurance system, the driver or party at fault for causing the crash – such as a fatigued driver – is financially responsible for damages. This means you will file a claim against the other driver’s insurance provider if you believe that driver was at fault for your crash.
Cases Involving Truck Driver Fatigue
Driver fatigue is an especially common problem in the commercial trucking industry. Commercial truck drivers are more prone to drowsiness behind the wheel due to unique aspects of the job, such as long hours alone on the road, pressure to meet deadlines, and a propensity for sleep disorders such as sleep apnea. If you were injured by a fatigued truck driver, the trucking company could be vicariously responsible for the crash.
How Much Is Your Case Worth?
It is important to protect your financial security after a serious accident involving a fatigued driver. If you did not cause the crash, you should not have to pay for your related expenses. You may be eligible to recover financial compensation for the following losses after a fatigued driver accident:
Pain and suffering
Losses of income
The value of your case depends on many elements unique to you, such as the extent of your injuries and how long your doctor believes it will take you to reach the point of maximum medical improvement. Case value is also dependent on factors such as the number of defendants and the amount of insurance coverage available.
Contact Robinette Legal Group, PLLC Now for a Free Consultation
Driving while tired is a preventable act of recklessness. If another driver committed this type of wrongdoing and crashed into you while fatigued or falling asleep, his or her auto insurance company could be financially responsible for your injuries and losses. An attorney from Robinette Legal Group, PLLC can help you fight for justice and maximum financial compensation using tailored legal strategies.
Discuss your case in detail today. Request a free consultation online or at (304) 594-1800 now.