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Massachusetts Personal Injury Library

Asleep at the Wheel: Driving Fatigue Accidents (Part B)

Detecting Driver Fatigue

If even the drivers are unable to tell when they are too tired to stay on the road, how can the person who was injured or their attorney do so? Personal injury lawyers are trained and experienced in finding the signs of negligent driver behavior from an accident scene or report. Getting to the scene as soon as possible, sometimes with an expert in tow, allows them to gather the most details. Knowing what to look for, however, is crucial in building a successful civil case.

For example:

  • If the accident happened at night, what was the lighting situation?
  • Were there skid marks caused by the offender’s vehicle?
  • Was there evidence that your vehicle tried to evade the oncoming car or truck?

Asking the right questions of eyewitnesses and the alleged offender will secure more information. Was the other driver traveling alone? What are his or her normal sleep habits, and those immediately preceding the collision? Was alcohol consumption a factor?

All of these elements will help your attorney verify your claim that negligent driving caused by driver fatigue was responsible for your injuries or a loved one’s wrongful death. Adequate highway lighting at night may have been of no use if a sleepy individual’s eyes were closed. Skid marks by your car and not the other one may show that one person was alert while the other was not.

Statistically, a majority of fatigue-related accidents were caused by drivers alone in a car or truck. That person may have been overtired as a result of being awake for a long period of time, or may have been habitually overtired from under-sleeping daily for weeks or perhaps months preceding the car crash. Any mitigating circumstances, such as medication, illegal drug or alcohol use, would exacerbate any of the above problems.

What to Ask Your Personal Injury Attorney

When you interviewing a lawyer for your Massachusetts car accident case, as critical questions, such as:

  • how long have you been practicing;
  • what is the largest settlement or verdict you’ve obtained, and
  • do you have experience with driver fatigue accidents?

The personal injury law firm Kiley Law Group is fighting for car accident victims. Our 30-year records show successful settlements obtained on behalf of our clients in car accident cases, child injuries, birth injuries, medical malpractice cases and more.

Call now for a FREE evaluation of your case – 1-888-208-1695.

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5 Highly Recommended Andover Car Accident Lawyer

Professionally, Tom Kiley never ceases to amaze me. His Massachusetts accident book, "The 7 Biggest Mistakes that Can Wreck Your Massachusetts Accident Case," is a must-have if you've been injured in an accident. Personally, his caring and compassionate nature is inspiring to clients and colleagues alike. If you have been injured in Massachusetts, don't hesitate to contact the attorneys at Kiley Law Group.

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