In today’s busy world, it’s not uncommon to feel tired when driving home from a busy work day, heading to class early in the morning, or navigating long hours behind the wheel of a commercial truck. If a fatigued driver caused a drowsy driving car accident in Austin, and you or a loved one experienced injuries, it’s important to contact an Austin vehicle accident lawyer to explain your rights under the state’s comparative negligence insurance system.
Unfortunately, sometimes the tiredness escalates into drowsiness, and the fatigued driver may fail to realize that they’ve become a danger to themselves and others. According to the National Highway Traffic Safety Administration (NHTSA), 693 confirmed drowsy driving accidents occurred in a single recent year—a number that’s almost certainly underreported.
Why Choose Shaw Cowart LLP for Your Drowsy Driving Accident Claim?
At Shaw Cowart LLP, we understand that every client has unique legal needs. Our firm is dedicated to providing personalized legal representation tailored to your specific circumstances. Whether your case involves a minor legal issue or complex litigation, we are here to advocate for you. If you have been injured in an accident caused by a drowsy driver, our experienced attorneys are ready to protect your rights and help you navigate the legal process.
Comprehensive Legal Representation
Drowsy driving is a serious but often overlooked danger on the road. Fatigued drivers have slower reaction times, impaired judgment, and may even fall asleep behind the wheel, leading to devastating crashes. Insurance companies may attempt to downplay the role of driver fatigue, but our legal team conducts a thorough investigation to uncover the truth. We analyze factors such as accident reports, driver logs, surveillance footage, and witness testimony to prove negligence and hold the responsible party accountable.
Skilled Negotiators and Aggressive Litigators
Our legal team consists of both experienced negotiators and fierce litigators who are dedicated to securing the compensation you deserve. We work tirelessly to minimize your liability while maximizing your potential recovery. Whether we resolve your case through settlement negotiations or take it to trial, we are committed to achieving the best possible outcome on your behalf.
The Boutique Firm Advantage
As a boutique law firm, Shaw Cowart LLP provides high-quality legal services with greater efficiency and lower overhead costs than larger firms. This allows us to handle complex cases while offering cost-effective representation. Our clients receive dedicated, results-driven advocacy without the excessive fees often associated with big-name firms.
No Recovery, No Fee for Personal Injury and Wrongful Death Cases
For personal injury victims and families pursuing wrongful death claims, we operate on a contingency fee basis. This means you pay no upfront costs, and we only collect attorneys’ fees if we secure compensation for you. Our goal is to relieve your financial burden so you can focus on your recovery while we fight for the justice you deserve.
Get the Legal Help You Need Today
If you’ve been injured in a drowsy driving accident in Austin, don’t assume you have no options for compensation. Contact Shaw Cowart LLP today for a consultation. Our experienced attorneys will evaluate your case, explain your legal rights, and help you pursue the compensation you rightfully deserve.
Understanding the Dangers of Drowsy Driving
Many drivers underestimate the risks of continuing to drive when they begin feeling drowsy, but it only takes a single vulnerable moment behind the wheel to cause life-altering impacts, often to others on the road. Many studies compare drowsy driving to drunk driving, with notable similarities in reduced reaction time, more difficult decision-making, lowered hand-eye coordination, reduced alertness, and inability to stay within the proper lane.
Experts agree that drowsy driving is responsible for more car accidents per year than drunk driving with an estimated cost of over $12.5 billion per year.
What Are the Warning Signs of Drowsy Driving In Texas?
It’s common to have moments of tiredness while behind the wheel, but it’s critical for all drivers to recognize the signs of drowsiness in themselves and other motorists. Common warning signs of dangerous drowsiness that could result in a fatigued driving accident in Austin or elsewhere include the following:
- Frequent yawning
- Tired or watering eyes/ frequent eye rubbing
- Blurred vision
- Inability to recall the last few miles driven
- Slow reaction time
- Wandering or nonsensical thoughts
- Head nodding/dozing
Being alert to the dangers of another driver’s drowsiness means watching for warning signs such as a driver who repeatedly strays out of their lane and then jerks back into it, inconsistent speed like slowing and sudden acceleration, and frequent random braking.
It’s critical to remove yourself from a dangerous situation if you or someone else on the road shows signs of drowsy driving.
Liability for Drowsy Driving Accidents In Austin
Texas is a fault-based insurance state under a modified comparative negligence system. This type of car accident law requires injury victims to file claims against the insurance company of the driver responsible for an accident. When a drowsy driver causes a car accident, they breach their legal duty of care to take all reasonable actions to avoid causing injury. If the injury victim suffers economic and non-economic damages like medical expenses, lost earnings, and pain and suffering, they are entitled to compensation; however, first, they have the responsibility to present compelling evidence of the at-fault driver’s liability.
Avoiding Drowsy Driving Accidents In Austin
Just as it’s important to recognize the signs of drowsiness in yourself when behind the wheel, it’s also crucial to avoid driving near other motorists who exhibit the signs of drowsy driving. While you may be unable to see another driver yawning or rubbing their eyes, you can watch for signs such as:
- Frequent slowing and accelerating
- Drifting out of a lane and then jerking back
- Tailgating
- Swerving
- Missing traffic signals
- Erratic braking
- Sudden swerving to take an exit or changing lanes at the last moment
- Having near misses with guardrails, obstacles, and other vehicles
When filing a compensation claim against a drowsy driver responsible for a collision, the injury victim has the burden of proof in showing compelling evidence that the driver’s negligence caused the accident and injuries. This requires an investigation, consultation with crash forensics experts, and interviewing eyewitnesses.
An experienced Austin car accident lawyer can make a well-executed claim for the maximum chance of recovering fair compensation for damages.
What Can I Get From a Claim Against a Drowsy Driver After an Accident?
Injuries in drowsy driving accidents are often serious or even catastrophic because drowsy or dozing drivers often do not brake or swerve to avoid a full-speed collision. A successful liability claim against a drowsy driver could recover compensation for damages such as the following:
- Reimbursement for medical expenses
- Anticipated future medical expenses
- Lost wages
- Future income loss
- Diminished earning capacity (if the accident caused disability)
- Pain and suffering
- Other non-economic damages that might apply such as compensation for scarring, disfigurement, limb loss, loss of enjoyment of life, or PTSD
If a loved one died in a drowsy driving accident in Austin, a wrongful death claim against the at-fault driver could recover compensation for a close family member.
How Can a Car Accident Lawyer In Austin Help My Case?
Car accident victims in Austin shouldn’t have to take on a complex legal challenge at the same time that they are dealing with the aftermath of an accident—especially if they or a loved one suffered serious injuries or wrongful death. Instead, call the experienced Austin wrongful death lawyers at Shaw Cowart LLP to navigate your compensation claim while you focus on physical and emotional healing.