Driver Fatigue

It's common for people in and around Bergen County to drive during the evening and early morning hours. Although nighttime driving itself isn't necessarily hazardous, driving while fatigued is, and exhausted drivers contribute to many accidents in New Jersey each year. Collisions that arise out of people driving while fatigued often cause severe injuries, and those who negligently cause such crashes should be held liable for any damages incurred. If you suffered harm in a car accident caused by driver fatigue, you have the right to seek justice for your losses, and you should talk to an attorney as soon as possible. Howard Leopold of Leopold Law, L.L.C. is a proficient Bergen County car accident attorney with the skills and experience needed to help you seek compensation from the driver who caused your harm, and if you hire him, he will fight to help you seek the results you deserve.

Car accidents caused by driver fatigue often involve a scenario where a driver veers out of their lane and crashes into another vehicle without making any effort to brake or avoid the collision. These incidents commonly take place on highways and other fast-moving roads, where the high speeds involved, heighten the likelihood of severe injuries. Such crashes can occur at any time, but they are particularly prevalent during the mid-afternoon, early morning, or late-night hours. Various factors contribute to driver fatigue collisions, including insufficient sleep, drowsiness induced by medication or alcohol, untreated sleep disorders, or prolonged periods of driving without breaks.

New Jersey has a law defining what constitutes driving while fatigued. Specifically, the law states that people who drive while fatigued and subsequently cause fatal car accidents can be charged with vehicular homicide. The statute defines "fatigued" as having gone without sleep for more than 24 consecutive hours.

Unfortunately, not all drivers comply with New Jersey’s laws regarding the safe operation of vehicles. As such, many people drive even if they are too tired to operate a vehicle safely, which frequently leads to catastrophic accidents. Proving liability for an accident caused by driver fatigue typically requires the person harmed to prove the driver was negligent. In other words, the person harmed must show that the truck driver owed a duty of care, such as the duty to refrain from driving while fatigued, and that the truck driver breached the duty, causing the accident and the person’s harm.

In most instances, there will be no direct evidence of the driver’s fatigue, and the person harmed will have to rely on circumstantial evidence to prove their claim. In such cases, any computer or black box recording devices on the vehicle, employment records, social media posts, and eyewitness testimony will be essential pieces of evidence to help establish the driver was fatigued at the time of the accident.

If a plaintiff successfully proves his/her case, they may receive compensation for the financial hardships resulting from the accident, including expenses such as medical bills, loss of income lost income, and other related costs. Additionally, they may be awarded damages for the non-tangible consequences endured, such as emotional distress, anguish, and physical pain.

Accidents caused by driver fatigue are typically devastating, causing substantial and lasting harm. If you or a loved one sustained injuries in a crash caused by driver fatigue, it is vital to confer with an attorney regarding what damages may be recoverable for your harm. Howard Leopold of Leopold Law, L.L.C. is a diligent Bergen County car accident attorney who will aggressively seek any compensation you may be able to recoup from the driver that caused your accident. Mr. Leopold’s offices are located in Hackensack and New York City, and he regularly represents parties in car accident lawsuits in Bergen County and cities throughout Hudson, Passaic, and Essex Counties in New Jersey, and Bronx, Richmond, Kings, New York, Queens, and Rockland Counties in New York. You can reach him via the form online or at his New Jersey office at (201) 345-5907 or his New York office at (646) 650-2106 to set up a confidential and free meeting.