Cape Coral Driver Fatigue Car Accidents

Cape Coral Lawyers Representing People Hurt in Car Accidents

It is not uncommon for people to get behind the wheel in the hours between dusk and dawn. While driving at night is not inherently dangerous, driving while drowsy is, and tired drivers cause a significant number of collisions in Florida each year. Crashes brought about by sleepy drivers typically cause grave injuries, and motorists that recklessly cause such collisions should be held accountable for any losses suffered. If you were hurt in a driver fatigue car accident, you have the right to pursue claims against the party responsible for your harm, and it is in your best interest to consult an attorney. The dedicated Cape Coral car accident lawyers of Lusk, Drasites & Tolisano, P.A. are adept at helping people injured by the negligence of others recover compensation for their damages, and if you hire us, we will advocate zealously on your behalf. We frequently represent injured parties in car accidents cases in Cape Coral and in Fort Myers and Naples.

Harm Caused by Driver Fatigue Car Accidents

Driver fatigue car accidents frequently occur when a motorist leaves their lane of travel and collides with another vehicle without braking or attempting to avoid the crash. Such collisions typically happen on highways and other roads where motorists travel at a high rate of speed and, therefore, are likely to cause serious injuries.

Driver fatigue accidents can happen at any time but usually occur in the middle of the afternoon, early morning, or late at night. They can be brought about by a lack of sleep, drowsiness caused by medication or alcohol, untreated sleep disorders, or driving for an extended period of time without a break.

Recovering Damages for Driver Fatigue Car Accidents

Driver fatigue car accidents often cause significant injuries, and people involved in such collisions typically pursue damages against the motorist that caused the crash. In most instances, a plaintiff in a lawsuit arising out of a car accident will assert a negligence claim against the defendant. In Florida, a plaintiff alleging negligence must first establish that the defendant owed the plaintiff a duty.

Typically, the duty owed is to employ reasonable care in consideration of the circumstances, but it may also be an obligation imposed by a statute or regulation. Secondly, the plaintiff has to prove that the defendant breached the duty owed in some manner. Finally, the plaintiff must prove that the defendant’s departure from the standard of care proximately caused the collision and that the plaintiff suffered actual harm as a result. While the plaintiff is not required to demonstrate that the defendant’s behavior was the sole cause of the collision, they must show it was a substantial factor in bringing it about.

Establishing a defendant’s fatigue caused a car crash can be difficult, as there most likely will not be any direct evidence that the defendant lost control of their vehicle due to tiredness. As such, the plaintiff may need to hire an accident reconstructionist to offer an opinion as to how the crash occurred to prove the defendant’s negligence. Eyewitness testimony, surveillance footage, and police reports may also help to show that the defendant’s drowsiness caused the accident. A plaintiff that presents a winning case may be awarded damages for the economic losses caused by the collision, such as the cost of medical care, lost wages, and out-of-pocket expenses, and for the intangible harm suffered, like mental distress, suffering, and pain.

Meet with an Experienced Florida Lawyer

People who drive when they are overly tired present a substantial risk of harm to other people on the road, and if they cause crashes, they may be deemed liable for negligence. If you sustained injuries in a driver fatigue car accident, it is advisable to meet with an attorney to discuss your potential claims as soon as possible. At Lusk, Drasites & Tolisano, P.A., our experienced Cape Coral lawyers are well-versed in what it takes to achieve favorable outcomes in car accident cases, and if we represent you, we will work tirelessly to help you pursue just results. We regularly represent people harmed in collisions in lawsuits from our offices in Cape Coral, Fort Myers, and Naples. 

You can reach us through our online form or by calling us at (239) 908-4930 to set up a free and confidential meeting.

Awards & Associations

  • Greater Fort Myers Chamber of Commerce
  • American Association for Justice
  • Bonita Springs Area Chamber of Commerce
  • Avvo
  • Southwest Florida Hispanic Chamber of Commerce
  • The Best of Cape Coral 2020
  • The National Top 100 Trial Lawyers
  • BBB Accredited Business
  • SWFL Inc.
What Sets Us Apart
  • No Fees Until We Win
    We offer Free Consultations, and work on Contingency Fees for Personal Injury cases. This means we ask for nothing from you until your injury case is concluded.
  • Prioritizing Your Experience

    As a member of our community, we want to put your needs first, far ahead of the bottom line. We treat our clients like people, and never just like cases. 

  • In Practice Since 1982
    We at Lusk, Drasites & Tolisano have been in practice for 40 years, which means you can count on our skill, experience, and community value to help you through your case.

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