Drowsy Driving: Dangerous, Deadly, and Difficult to Identify

Drowsy Driving: Dangerous, Deadly, and Difficult to Identify

According to the Department of Energy, the average car in the United States tips the scales at just over 2 tons. That’s 4,000 pounds of metal, rubber, and gasoline hurtling down the nation’s roadways and highways. Under the best of circumstances, operating a vehicle is the most dangerous thing the average person does on a daily basis. When people operate a vehicle while drowsy, the danger increases dramatically.car accident attorneys

Under-Reported Drowsy Driver Accidents

The National Highway Traffic Safety Administration (NHTSA) reports that even though drowsy driving is difficult to identify as the cause of car crashes in many situations, at least 40,000 people are injured every year as the result of drowsing driving, while another 1,550 are killed.

However, the NHTSA cautions that drowsy driving could be a much larger problem than the current evidence shows. The agency reports that drowsy driving is an under-reported car crash cause, and that crashes attributed to drowsy driving do not include driver inattention, which may also result from tired or sleeping drivers.

Testing, Reporting, and Contributing Factors at Play

Part of the problem in identifying accidents caused by drowsy drivers is the lack of appropriate tests. Unlike drunk driving, for example, there is no machine or testing procedure that can readily identify drivers who drive while sleepy.

Further, there is no standard set of reporting practices between states when it comes to drowsy driving. Though all state accident statistics include drowsy or fatigued driver information, police officers are often not trained to identify driver fatigue.

Beyond that, there are numerous inconsistencies in state codes that address drowsy or fatigued drivers. Two states, Missouri and Wisconsin, have no codes that address drivers who fall asleep behind the wheel or who cause accidents because they are fatigued or drowsy.

International Numbers Sobering

However, there is some data to indicate that drowsy driving might be a far more common cause of car crashes in the United States than we realize. Several European nations, such as Finland and England, as well as Australia, all have far more uniform and consistent crash reporting procedures than the disparate procedures used in the various states. The figures from these countries show that drowsy or fatigued drivers are the cause of anywhere from 10 to 30 percent of all automobile crashes. If the foreign statistics are representative of car crashes in the United States, it could mean that drowsy drivers cause anywhere from 550,000 to 1.65 million car crashes each year.

Demographics Skewed Toward Younger Drivers

Not all people are at the same risk of being involved in a drowsy driving accident. The National Science Foundation conducted a study that looked into drowsy driving. The study concluded that younger drivers—those between the ages of 18 to 29—were most at risk of being involved in a drowsy driving crash. Not surprisingly, the likelihood that a person will operate a vehicle while drowsy increases if the person is a parent of young children. Similarly, shift workers are more likely to drive while drowsy, and men are slightly more prone to it than women.

If you are a victim of a drowsy driver accident, get in touch with a local Personal Injury Attorney. You may have a case and should be adequately compensated for your injuries.

This Blog was posted By The Carabin & Shaw Law Firm. principle Office in San Antonio, Texas

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Brain Injury Cases – Personal Injury Law

Brain Injury Cases – Personal Injury Law

A brain injury is very difficult to detect. Proving somebody is responsible for the damage due to the injury that they have caused is very hard. This is why if you suffer from an injury of any type, especially if you have suffered serious brain damage or a head injury, it is very much important that you consult an experienced and well trained specialist brain injury lawyer to claim compensation. Car and motorcycle accidents very often result in a brain or head injury. Accidents at work, accidents in public places, or criminal assault quite frequently cause head injuries as well.brain injury law

Our brain injury lawyer knows exactly how to move forward in all types of cases. Accepting responsibility for the accident is something that no one wants to face. The steps to be taken and the appropriate details to help prove the case on your side will be done by lawyers, as they know exactly what to do. Head injury compensation should not be sought without legal representation.

Head injuries are serious business. Who knows what the future holds for you. In the short term, you will need a lot of care and monetary support through legal settlement, but some people are unable to work again, so this has to be considered in the settlement. As a result of the head and brain injury, most of the people will lose their temperament, concentration, and memory as well. Our brain injury lawyers will be very well aware of all these types of problems and they are very experienced in proving the damage done by the person who is responsible for the accident. The past success of these lawyers to the commitment towards their clients will show that they have obtained the best compliments of people with head and brain injury.

It is very much important to establish whether a person is responsible for the fault that they have done before the experienced head and brain injury lawyer so that he can advance the case.

At the workplace, it is the duty of the employer to provide care for their employees. The courts will step in, if this care of duty is broken and they will prove liability. If there is a serious breach of the employer’s care of duty towards its’ employees, then they can face criminal sanctions. All these cases will be handled by a personal injury lawyer under the established civil procedure.

Our lawyers are very committed to using the established procedure and practices in order to ensure there is rapid access to compensation or rehabilitation funded by the guilty party’s insurers. Our lawyers recognize that getting back on to the road to recovery is very much important as much as the financial compensation to the damages caused due to the accident.

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The Basics of Auto Injury Lawsuits and What Makes Yours a Success

The Basics of Auto Injury Lawsuits and What Makes Yours a Success

We’ve all been (or will be) in a car accident someday. But how we know whether or not we have a successful personal injury case against a defendant who should reimburse us for our injuries? Most of the time, an accident victim has a legal right to collect money for his injuries by proving the four elements of a car accident claim in court. In the U.S., all defendants are innocent until proven guilty. So the burden to you, the injured plaintiff, is to prove you are owed these damages by the defendants. All they have to do is deny your claim. If your evidence doesn’t clearly prove their guilt, then they win and you don’t collect. But before you walk down the road of civil litigation, a lot of investigative work goes into a successful auto injury lawsuit, which we’ll discuss in a bit. Just don’t expect us to file your lawsuit a week after we meet.car accident law

There are four elements to proving injuries against a defendant and you must clearly demonstrate your charges are true. They are duty, breach, causation, and damages. Below, is a brief overview or each of these four elements so that you will have a better idea of what it will take to prove that you’re entitled to be compensated for your injuries.

Duty of Care – The first element in your successful burden of proof chain is clearly illustrating that the defendant owed you a duty of care to exercise an acceptable level of caution in order to ensure that you will not be harmed. Texas Civil Codes and Procedures (the rules that govern civil lawsuits in our state) clearly establish the level of the duty of care that a person or organization owes to another, depending on the circumstances of the accident; relative to the relationship of the parties involved at the time the accident occurs. Proving the defendant in your case owed you at least some duty of care will probably be fairly uncomplicated since nearly all drivers owe each other the elemental duty to drive as a reasonable person would in order to keep others safe. Unless there are unusual circumstances, the chances are that a general “reasonable person standard” applies to the defendant (or defendants) in your case.

The Defendant’s Breach of Duty – Once you have successfully proven that the defendant in your case owed you a duty of care, the next step is proving that he or she violated that duty. In a great majority of auto accident injury cases, plaintiffs and their attorney must clearly show that the defendant drove in a way that a reasonable person would not have driven. The defendant may be able to prove that he or she has been a safe driver for many years by showing a driving record of no tickets since the Reagan Administration. But that doesn’t matter if you can prove that the defendant in your case drove unreasonably only for the moments immediately leading up to your car wreck. Then, he or she can be held legally responsible for any consequences that resulted from his or her negligent actions that caused you harm.

Proving that the defendant breached the duty of care is typically one when you and your attorney present evidence to the court to remove any doubt about what the defendant did (or failed to do) that caused the car wreck. The jurors in your case will consider your breach evidence and other evidence that clearly illustrates the defendant’s actions or intent at the time of the wreck. Then during their deliberations, they will rule whether the defendant behaved reasonably or unreasonably. Offenses such as speeding recklessly, driving at night without headlights, running through red lights, driving while intoxicated, and more can constitute a breach of the defendant’s duty of care, even if they may not have been criminally charged for these offenses. Some defendant actions might even support charges of willful intent to breach that duty, which can strengthen your case.

Causation of Defendant’s Breach of Duty (what actually caused the wreck) – Once you have proven the elements of duty and breach, you must then demonstrate that the defendant breached his duty of care through negligence. But simply showing that this person might have been negligent isn’t always enough to win your charges that the defendant is responsible for your auto wreck. Because when a defendant is compelled to deny causation, often he will argue “unforeseeable circumstances” such as other drivers, pedestrians, or even your actions caused the wreck. This can be the last stand for an accident defendant to wiggle out of being judged liable for your injuries and other damages. So expect them to claim anything from a pedestrian stepped in his way and forced him to hit your vehicle, to their toddler threw a bottle of apple juice at the driver, to swear that he saw an alive-and-well Elvis driving a classic Cadillac convertible. Maybe it happened, maybe it didn’t. But how do you disprove the defense? It’s up to you and your lawyer to counter every claim of defense, or the defendant wins because your level of proof doesn’t convince the jury that his or her negligence is enough to be held liable for your damages. This is why it’s terribly important to have sufficient evidence to prove any defense that is thrown at you, and that it was the defendant’s inappropriate conduct that caused you harm. And the best way to have the best evidence is with the help of an experienced vehicle accident attorney.personal injury lawyers

Damages – Once you have successfully proven the above three elements of your injury case, then you’re entering the home stretch of your lawsuit against the defendant.

It’s time to prove the amount of damages you are entitled to collect from the defendant (or defendants) and hand them the bill. The term “damages” isn’t limited to just your injuries and the bills that need to be paid. It’s a broader term that refers to the entire monetary value of your injury case (the total sum of money) that you’ll recover from the defendant when the jury (or judge) rules in your favor. So damages also include physical pain, suffering, and psychological scars arising from your injury, present lost wages as a result of your inability to work, loss of future earning capacity if your injury leads any period of disability, and of course, the repair, or replacement bills to your auto and any items of worth that were also destroyed in the wreck. In order to prove what you’re entitled to collect, you and your Texas auto accident attorney with our Law Firms will need to calculate exactly what you’re owed and provide evidence of the extent of your injuries and losses to support your calculations.

Determining the full amount of damages is as important as the other three burdens of proof since you have only one chance to receive fair compensatory damages from any single negligent defendant. But computing every single loss can be challenging unless you have an experienced Texas auto accident attorney who knows the value of personal injury losses and how to effectively calculate them so the court will see them as reasonable. How do you put a price tag on an intangible loss such as pain and suffering, or that of your child? In calculating the loss of earning capacity, how do you account for hypothetical raises and promotions you would have earned had you continued to work, or gotten a promotion, or were hired away by another company at double your current salary? How can you figure out how much all of your medical bills will amount to if your treatment is not yet complete, and your doctor can’t tell how long it will last? The auto injury attorneys at our Texas Law Office knows how to account for and calculate every one of your damages, and make certain that you will recover as much as reasonably possible for your injuries.

Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto injury case, call the auto accident attorneys with our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered through the negligence of another driver.

This Blog was posted by No.1 Lawyer – Carabin Shaw Attorneys At Law in El Paso

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