Brooklyn Drowsy Driving Car Accident Lawyer
A drowsy driver could seriously endanger the life of any motorists that are unfortunate enough to share the road with them. As a result, these motorists could be severely injured or even killed because a drowsy driver failed to act responsibly. If you or a family member was a victim of a drowsy driver, contact an experienced Brooklyn drowsy driving car accident lawyer.
The experienced personal injury lawyers at Sullivan & Galleshaw, LLP has offered their services to residents of Brooklyn for years, and we would be pleased 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 us online.
How Drowsy Driving Can Cause a Car Accident
Drowsy driving occurs when a driver operates a vehicle while they are fatigued or sleep-deprived. While any person is capable of driving drowsy, this activity is common among certain industries and individuals that work excessive hours per week. For example, an Uber driver that uses all their available time to drive passengers around may quickly tire themselves out, even with the hour limits implemented by the company.
Drowsy driving is a common issue for truck drivers. The working hours for truck drivers are heavily regulated to ensure that drivers do not exceed their hours and work while exhausted. However, some drivers or companies may attempt to circumvent these laws in order to increase their profits. As a result, an exhausted truck driver may have to operate a large commercial truck, which is a serious concern for others on the road.
Whether a drowsy driver is a truck driver or just made a poor decision, there are various risks for driving while fatigued. For example, a driver could have trouble staying awake, which can lead to them veering out of their lane or worse. Other risk factors involved in drowsy driving include:
- Poor decision-making
- Decreased reflexes
- Difficulty noticing changes in traffic
- Driving well below the speed limit in high-speed areas
There are also other circumstances that could lead to a person driving while drowsy. For example, if a person consumes cough medicine prior to driving, this could affect their ability to remain alert while driving.
To learn more about filing a personal injury lawsuit after a drowsy driving accident, you should continue reading and speak with an experienced Brooklyn personal injury lawyer.
When to File a Personal Injury Lawsuit in Brooklyn, NY
If you were struck and injured by a drowsy driver in Brooklyn, you should consider filing a personal injury lawsuit against the at-fault driver. Note, however, that the statute of limitations regulates personal injury lawsuits.
The statute of limitations sets the length of time that a claimant has to file their case with the court. The filing deadline is subject to change depending on the type of lawsuit that a person wishes to file. For example, in New York, lawsuits for fraud have a different filing deadline than a case based on personal injury.
In New York, personal injury lawsuits have a statute of limitations of three years beginning from the date of the accident. When a claimant fails to meet the filing deadline set by the statute of limitations, they risk having the court bar their claim. This can happen if a defendant successfully motions that a lawsuit should be dismissed because it violates the statute of limitations. As a result, the plaintiff will be unable to pursue the same lawsuit against the defendant again.
While a potential plaintiff will have a reasonable amount of time to file their case, pursuing a case as soon as possible can prevent many issues in the future. For example, no person wants to pursue their lawsuit only to discover that a vital witness has moved out of the country or is otherwise unavailable. Waiting nearly three years to file your claim will almost ensure that you run into problems with litigating your lawsuit.
Filing a Lawsuit for Wrongful Death in a Drowsy Driving Accident in Brooklyn
If a family member was killed in a drowsy driving crash in Brooklyn, you may be eligible to file a wrongful death lawsuit against the parties responsible. The State of New York has a 2-year statute of limitations for claimants that wish to pursue a wrongful death lawsuit. The deadline begins to run from the date of the decedent’s death.
It is important to note that a wrongful death lawsuit may only be pursued by certain members of the decedent’s family. For example, the surviving spouse of a drowsy driving victim can file a wrongful death lawsuit against the at-fault driver. Other family members that can file a wrongful death claim include:
- Children of the decedent
- Parents of the decedent
- A personal representative of the decedent’s estate
Siblings and cousins of the decedent are not considered as family members that can pursue a wrongful death claim. The reason for this is to ensure that possibly estranged family members cannot recover from the death of the decedent.
Consult with Our Experienced Brooklyn Drowsy Driving Car Accident Attorneys Today
If you or a family member was severely injured due to the actions of a drowsy driver, consult with an experienced Brooklyn drowsy driving car accident attorney. At Sullivan & Galleshaw, LLP, we understand the stress and uncertainty that can accompany a serious car accident, and we are here for you in your time of need. To schedule a free case evaluation to discuss your legal situation, contact Sullivan & Galleshaw, LLP at (718) 843-0300.