One of the most common causes of motor vehicle accidents across Odessa is negligent driving. Negligent driving can take many forms, however, accidents caused by driver fatigue continue to be a cause for concern across the state.
If you suffered critical injuries in an accident caused by drowsy driving, and you do not know what your next step should be, reach out to a dedicated Odessa driver fatigue accident lawyer at Loncar Lyon Jenkins for help.
With our firm by your side, you can bring the culpable party to justice and secure the compensation that is rightfully yours. Contact our office today for a free consultation and learn more about what to expect from the insurance and civil claims process.
Accidents Caused By Driver Fatigue in Odessa
If you have sustained injuries and expenses or lost a loved one due to a car accident caused by driver fatigue, an attorney can protect your rights. At Loncar Lyon Jenkins, an Odessa accident caused by driver fatigue lawyer can do just that and more. Before meeting with an insurance adjuster or signing settlement documents, our team can protect your legal rights and can fight for compensation on your behalf.
Driving while fatigued is dangerous. However, drivers still conduct this driving behavior across the country. According to the National Highway Traffic Safety Administration (NHTSA), drowsy driving was involved in 91,000 motor vehicle crashes in 2017. When accidents are caused by such carelessness, victims can pursue legal action and seek compensation.
To get legal help from an Odessa car accident lawyer, call Loncar Lyon Jenkins today. The initial consultation is free.
877-239-4878Available 24/7 | 356 Days | se habla español
Recovering Compensation for an Accident Caused by Driver Fatigue
After a car accident, you may experience a variety of damages, which include your out-of-pocket expenses and losses. Upon the completion of your free case review with Loncar Lyon Jenkins, our law firm can help you determine fair compensation for your car accident claim based upon the value of your total damages. This figure will be the basis of our insurance negotiations for a settlement, which we can conduct on your behalf.
Your recoverable damages will depend on your unique case and the circumstances of your accident. Common recoverable damages from car accidents include, but are not limited to:
- Auto repair expenses
- Property damages
- Medical expenses (current and future)
- Hospital transportation
- Physical therapy
- Lost wages
- Missed future wages
- Loss of consortium
- Pain and suffering
- Emotional distress
- Loss of enjoyment
- Mental anguish
If you lost a loved one, we can help you file a wrongful death action and fight for compensation for damages such as funeral and burial losses, loss of support, and loss of consortium.
Filing an Insurance Claim Or Personal Injury Lawsuit
The first step in seeking compensation from a car accident is to file an insurance claim. Regardless of the severity of your accident, you must report the accident to your insurance company to begin the claims process.
From here, insurance adjusters from all insurance companies involved in the accident will investigate the incident. After the investigation is completed, a settlement may be offered. If the settlement does not cover the value of your damages, you do not have to accept this award.
When unable to secure fair compensation during an insurance claim, a personal injury lawsuit can be filed. A lawsuit should generally be filed within the statute of limitations for personal injury cases. In Texas, the statute of limitations is typically two years from the date of your accident, according to Texas Civil Practice & Remedies Code §16.003.
To learn more about pursuing an insurance claim or personal injury lawsuit, contact Loncar Lyon Jenkins at 800-285-4878 to complete a free case review. Following your free case review, an Odessa accident caused by driver fatigue lawyer can begin fighting for compensation on your behalf.
877-239-4878Available 24/7 | 356 Days | se habla español
Holding a Fatigued Driver Accountable in Odessa
To hold a fatigued driver accountable for car accident injuries, it must be proven that they caused the accident. As explained by the American Bar Association (ABA), plaintiffs can hold an opposing driver liable for their actions by proving they acted negligently.
During an example of a car accident that results in a lawsuit, the American Bar Association states, “a judge or jury is likely to find a driver negligent if his or her conduct departed from what an ordinary reasonable person would have done in similar circumstances.”
Proving Negligence
As listed by Cornell Law School, there are four elements of negligence that must be proven against a defendant. The first element is proof that the defendant owed you a legal duty of care, also known as a standard of care. Secondly, you must prove the defendant breached this care. For instance, you may have evidence from a police report that states the driver was fatigued at the time of the crash.
Thirdly, there must be evidence that links your injuries to the crash. The final element of negligence is establishing that you suffered damages.
Odessa Driver Fatigue Accident FAQ
We understand how confused and overwhelmed you must feel following your driver fatigue accident in Odessa. In the hopes of helping you understand what’s to come from your driver fatigue accident claim, we have answered some frequently asked questions surrounding car accident claims in Odessa below. If you have additional questions that were not answered here, do not hesitate to contact our office to discuss your concerns further.
What Should I Do If My Child Was Injured?
Children suffered injuries in driver fatigue accidents more frequently than you might think. As such, children have just as much a right to compensation as adults do when they suffer injuries. If your child suffered injuries caused by a fatigued driver, you may have the opportunity to file insurance and civil claims against them. In this way, your attorney can ensure that your child is awarded the compensation they will need to deal with the impact of their injuries both now and in the future.
What Injuries Can I Sue for?
Many driver fatigue accident victims are unsure whether they have grounds for a claim. They have concerns that their injuries may not be severe enough to warrant legal action. However, it is important to remember that it is not necessarily the type of injury you are diagnosed with that determines your right to financial compensation.
Instead, it is the way in which your life has been affected by your injuries. With that in mind, there are some types of injuries seen more frequently in driver fatigue accidents than others. Some of these injuries include:
- Head injuries
- Neck injuries
- Back injuries
- Traumatic brain injuries
- Spinal cord injuries
- Paralysis
- Amputation
- Broken and fractured bones
These are just a few of the more common types of injuries in an accident caused by drowsy drivers. If you have suffered another type of injury that was not listed above, you may still have the right to compensation. Be sure to reach out to our office to find out what options may be available to you.
Can I Collect Punitive Damages?
It is possible that you could be awarded compensation in the form of punitive damages. However, do not count on it. Punitive damages are awarded rarely because they are the court system’s way of punishing the liable party beyond compensatory damages. Usually, the courts will only impose punitive damages when they want to send a message to the public that similar actions will not be tolerated by the civil court system.
Call Loncar Lyon Jenkins Today And Let Us Fight For Your Justice
According to the Texas Department of Transportation (DOT), approximately 4,778 car accidents occurred in 2019 due to drivers that were fatigued or asleep at the wheel. At Loncar Lyon Jenkins, we can review your personal account of the accident during a free case review. Following a case review, our team can help explain your options for pursuing fair compensation. We will work to obtain necessary evidence that builds your claim, which includes meeting with your medical professionals to receive documentation of your injuries.
Get Help From a Driver Fatigue Accident Lawyer in Odessa Today
While you recover from this accident, an Odessa accident caused by driver fatigue lawyer will handle your legal fight. Our goal is to earn you the compensation that covers your losses. We handle cases on a contingency-fee-basis, which means that we recover no attorney’s fees unless and until you recover compensation. There is no risk when working with our team.
Call our team today or fill out our contact form for a free case review regarding your car accident in Odessa. We have traveled across Texas, serving countless clients and helping bring them justice and fair compensation. We look forward to fighting for you.
