Drowsy driving is a serious problem.
According to American Academy of Sleep Medicine, about 6% of all crashes that require a vehicle to be towed involve drowsy driving and 7% of all accidents where a person must be treated for injuries involves a drowsy driver.
The report indicates 13% of all crashes requiring someone to be hospitalized involves a drowsy driver. About 328,000 crashes each year are blamed on fatigued drivers, including 6,400 fatal crashes.
If your loved one was killed in an accident involving a fatigued driver, you might be able to file a claim for wrongful death after being hit by a fatigued driver with the help of a personal injury lawyer.
Damages Pursued in a Wrongful Death Claim After Being Hit by a Fatigued Driver
When a loved one dies in a car accident, the family will suffer financially because of the added expenses and the loss of income. Through a claim for wrongful death after being hit by a fatigued driver, various damages can be recovered. There are two different categories for damages in a wrongful death claim.
The first is for damages suffered from the moment that the other driver acted negligently and drove while fatigued, until the death of your family member. That death might be within minutes, days, weeks, or even months of the crash. These damages might include medical expenses, lost wages, and funeral expenses.
The second set of damages involve the loss of earnings from the time the accident victim died until he or she would have normally retired. In some states, you can ask for compensation for loss of consortium, which is loss of love and companionship.
The Role of Negligence in a Wrongful Death After Being Hit by a Fatigued Driver
For your wrongful death claim after being hit by a fatigued driver to be successful, you will need to show the other party acted negligently. There are four elements of negligence.
The first element is showing that the other party had a duty or a responsibility to act in a specific way. As a driver, they were to act in a safe manner to protect others from harm.
Next, you will need to prove the other driver breached that duty. In this case, the driver drove while drowsy.
Next, you must prove that the breach caused the crash. The driver was drowsy, so he crossed the center line.
And then lastly, that the crash caused the injuries that resulted in the death of your relative.
Consult with a Wrongful Death Attorney
If your loved one died after being hit by a fatigued driver, you should consult with a wrongful death lawyer. A personal injury attorney who handles wrongful death claims works on a contingency basis, so you have nothing to lose.
Time is of the essence because a statute of limitations does apply. Get your free case evaluation about a claim for wrongful death after being hit by a fatigued driver.
