Manhattan Drowsy Driving Car Accident Lawyer
We often hope that we share the road with other responsible drivers. However, there are many drivers that may continue to operate their vehicles while being aware that they are drowsy and are more prone to cause a serious accident. If you or a family member was injured due to the negligence of a motorist, you should consult with an experienced Manhattan drowsy driving car accident lawyer.
At Sullivan & Galleshaw, LLP, we are determined to provide you with the legal representation needed to fight for compensation in a car accident claim. Our firm has worked with residents of Manhattan for years, and we would be proud to work with you. To schedule a free legal consultation to discuss your claim, contact Sullivan & Galleshaw, LLP at (718) 843-0300. You can also contact the firm online.
Dangers of Drowsy Driving
Drowsy driving is when a motorist operates a vehicle while they are clearly fatigued and likely incapable of evaluating when they are driving erratically. As a result, a drowsy driver is increasingly more likely to cause an accident than a person that is well-rested. There are several scenarios where a drowsy driver could cause an accident:
- Falling asleep while operating an automobile
- Veering outside of their lane
- Failure to notice changes in traffic
Drowsy driving is often an issue in the transportation industry. For example, the working hours for truck drivers are heavily regulated to ensure that some drivers are not driving while fatigued. However, some companies may attempt to circumvent these laws to increase their profits.
Additionally, rideshare companies like Uber do not employ stringent requirements to prevent drivers from driving while fatigued. Uber has a 12-hour daily limit for drivers. After working for 12 hours, drivers are required to rest for a minimum of six hours. As a result, this could create a situation where a driver could exhaust themselves by working nearly 80 hours a week.
If an accident was caused by a truck or rideshare driver, there is a possibility that the company that employs the driver could be liable for their actions. This is possible if the accident occurred within the scope of the driver’s employment. For example, if a truck driver caused an accident because they were transporting materials while fatigued, this could result in their employer being liable for their negligent actions.
To learn more about filing a lawsuit for a drowsy driving accident, continue reading and speak with an experienced Manhattan personal injury attorney.
When to File a Car Accident Lawsuit in Manhattan
If you were injured in a serious car accident caused by drowsy driving in Manhattan, you should not waste any time in pursuing compensation for your injuries. The reason for expediency is that personal injury lawsuits are subject to the statute of limitations.
The statute of limitations determines the length of time that a claimant has to file a lawsuit with the court. The filing deadline can vary depending on the type of lawsuit a person wishes to file. For example, a claim based on medical malpractice may allow more time for a claimant to file their lawsuit than a claim based on personal injury.
In New York, the statute of limitations for personal injury lawsuits is three years from the date of the accident. If a claimant does not file their claim within three years, there is a risk that the court may bar their claim. Specifically, the defendant can request that the court dismiss the lawsuit because it was filed after the deadline set by the statute of limitations. If this happens, the plaintiff may not have an opportunity to pursue compensation for their injuries.
Indeed, three years is a lengthy amount of time to file a personal injury lawsuit. However, waiting too long to bring your case to an attorney can make the attorney less receptive to take your case. There are many reasons for this. For example, witnesses needed to prove the claim could have a hazy memory or other evidence needed could be misplaced or lost. As a result, it is important to pursue a personal injury lawsuit promptly.
Proving a Drowsy Driver Acted Negligently in Manhattan, NY
If you filed a lawsuit against a drowsy driver in Manhattan that caused your accident, it is necessary to prove how the driver acted negligently before you can be awarded damages. Generally, there are four elements that must be proven by a plaintiff to prevail in a personal injury lawsuit:
- The defendant (drowsy driver) owed a duty of care to the plaintiff
- The defendant breached their duty of care (caused a car accident)
- The injuries and losses sustained by the plaintiff are the fault of the defendant
- The injuries and losses sustained by the plaintiff are of the kind that can be compensated by the court
If a plaintiff succeeds in proving these elements, they can win their personal injury lawsuit and be awarded damages for their losses. Damages are available for economic and some noneconomic losses. This means that a plaintiff can be compensated for injuries and damage to their vehicle while also receiving compensation for emotional pain and suffering.
Our Diligent Manhattan Drowsy Driving Car Accident Attorneys are Here for You
If you were a victim of a serious car accident, you should contact an experienced Manhattan personal injury attorney today. The legal team at Sullivan & Galleshaw, LLP, possess decades of legal experience fighting for clients in complex legal claims, and we are ready to work with you. To schedule a free case evaluation, contact Sullivan & Galleshaw, LLP at (718) 843-0300.