Queens Drowsy Driving Car Accident Lawyer
Driving while drowsy can be one of the most dangerous actions a person can take. While driving drowsy, an individual is more prone to causing a devastating accident that can injure motorists in their vicinity. If you or a family member was a victim of a drowsy driving accident, you should consult with an experienced Queens lawyer for drowsy driving car accidents.
At Sullivan & Galleshaw, LLP, we recognize the severe injuries and other losses that can be sustained in a drowsy driving car accident in Queens, and we are here to fight for you. You should not be held liable for the negligent actions of a drowsy driver. To schedule a free legal consultation, contact Sullivan & Galleshaw, LLP at (877) 311-4878. You can also contact the firm online.
Risks of Drowsy Driving
A driver that is operating a vehicle while drowsy can pose many of the same risks as a drunk driver. While many car accidents occur because a motorist was drunk, many drunk drivers and drowsy drivers exhibit similar symptoms. For example, drunk drivers and drowsy drivers are both prone to falling asleep at the wheel. Other dangerous behaviors exhibited by drowsy drivers include:
- Failure to drive within their lane
- Noticeable decrease in reaction time
- Inability to make sound decisions while driving
According to studies conducted by the National Highway Traffic Safety Administration (NHTSA) in the past, about 1 in 25 adult drowsy drivers have admitted to falling asleep while operating a vehicle. The NHTSA has also estimated that thousands of accidents occur every year due to drowsy driving and that many instances of drowsy driving car accidents have gone unreported.
Drowsy driving in Queens, NY is more common among people who work in certain industries or that work extensive hours. For example, drivers of commercial trucks and buses are more inclined to drive drowsy due to working long hours. Other individuals that are likely to drive drowsy include:
- Shift workers or people that work night shifts (e.g., nurses, doctors, etc.)
- Drivers for ridesharing companies or taxi companies
There are other reasons why a person may be driving while drowsy. For example, if the driver has an undiagnosed sleep disorder or the driver frequently takes medication that causes drowsiness, they can be a danger to others on the road.
To learn more about liability for a drowsy driving accident, you should consult with an experienced Queens drowsy driving accident lawyer.
Liability for a Drowsy Driving Accident in Queens
The fault for a drowsy driving accident in Queens will fall on the negligent party that caused the accident. This means that a victim should pursue compensation from the insurance company that insures the drowsy driver. However, if the victim suffered extensive injuries and damage to their vehicle, the compensation provided by the insurance company may not be enough to manage their expenses. In this case, the claimant may have to file a personal injury lawsuit against the driver to recover damages.
In other cases, there could be multiple parties that can be held liable for a drowsy driving car accident. As mentioned, many drowsy drivers have jobs within the transportation industry. Additionally, some drivers may cause an accident while they are completing a task for an employer. If this happens, the employer could be held responsible for the actions of their negligent driver.
An employer can be held liable for the actions of an employee under the doctrine of “respondeat superior.” This doctrine states that an employer can be vicariously liable for the actions of an employee if they committed negligence while performing a task that was within the scope of their employment. For example, if a drowsy truck driver collides with a passenger vehicle while transporting materials for their employer, the accident may be imputed to their employer.
Vicarious liability can also be a factor in accidents that occur while using a rideshare service. However, there are various requirements that can limit a victim’s right to recover for their injuries. For example, if an Uber driver caused an accident before opening their application to accept a ride, this can affect Uber’s liability in the accident.
When to File a Car Accident Lawsuit in Queens, NY
If a drowsy driver injured you in Queens, NY, a personal injury lawsuit may be your best option for recovering compensation for your injuries. However, potential plaintiffs should be aware that their claims 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 a court. The filing deadline is dependent upon the type of claim that a person wishes to file, meaning a personal injury lawsuit could have a shorter deadline than a medical malpractice lawsuit.
In New York, the statute of limitations for a personal injury lawsuit is three years from the date of the accident. When a claimant does not file their lawsuit within three years, they open the door to the possibility that the court could bar their claim. This typically occurs by a motion from the defendant that was sued. It would be rare if a defendant failed to identify that the statute of limitations had been exceeded.
Consult with Our Experienced Queens Drowsy Driving Car Accident Attorneys
If you were injured due to the negligent actions of a drowsy driver, you should contact an experienced Queens personal injury attorney today. The committed legal team at Sullivan & Galleshaw, LLP, has fought for clients in Queens and across the State of New York, and we are ready to work with you. To schedule a free case evaluation, contact the Sullivan & Galleshaw, LLP at (877) 311-4878.