Danger of Driver Fatigue

Driver Fatigue

Ten years ago, it was estimated that driver fatigue was the cause of 2-3% of all auto accidents. A recent study by the Virginia Tech Transportation Institute, however, has thrown that theory in disarray: It is now estimated that at least 20% of all vehicular accidents are the result of fatigue.

It is every driver’s responsibility to be awake and aware when behind the wheel. This means more than just downing an energy drink; it means having the humility and understanding to get off the road when symptoms of fatigue occur:

  • Yawning

  • Boredom

  • Memory problems

  • Lack of focus

  • Soreness in eyes

  • Inconsistent driving habits including unstable steering, acceleration, etc.

The biggest danger when these symptoms occur is not falling asleep at the wheel. That happens rarely. What happens all too commonly is called microsleep, a sleep pattern that can last from a couple of seconds up to four minutes. Microsleep on the road can often lead to fatal road crashes and, due to what appears to be a statistical realignment of many Americans’ sleep habits, is a growing concern on the nation’s roadways–especially among younger drivers.

Liability and Driver Fatigue

When a semi truck is involved in an accident on the roads of New Mexico, that driver is accountable in a variety of ways:

  • Required log books

  • Records kept through onboard GPS tracking

  • Cell phone records

Most commonly, the driver keeps a personal log which may establish a pattern of pushing too hard while on the road. Tracking receipts may be a way to establish driver fatigue on the road as well. Some larger trucking firms now go so far as to have cameras mounted in the truck to monitor drivers for liability purposes.

When a fatigue-related accident occurs and the driver is not a professional, however, then legally establishing that the fatigued state caused the accident can be more difficult. The same principles apply, however: gathering evidence, whether from cell phone records, GPS records from that day (assuming that the driver owns a car-mounted GPS or used their cell phone for such purposes during the day), anecdotal evidence from other people, etc. In addition, if witnesses can be found that can describe erratic driving immediately before the accident occurred, then it may be possible to establish a fatigued driving state.

Driver Fatigue and the Law

If you become fatigued while driving, pull over and take a power nap. Don’t worry about being late, missing the big meeting, pickup up your spouse or children from the airport, etc. Your life, and the lives of those around you, are far more important than the ten minutes you need to set aside to rest your body.

If you feel you have been the victim of a fatigued-while-driving incident, whether in any of the situations listed below, then you need a personal injury lawyer:

  • Driver fell asleep while driving, colliding with another vehicle and causing injury

  • Driver fell asleep, crashing into property and causing damage

  • Driver fell asleep, crashing car and causing injury to others in the same vehicle

Catastrophic Injuries in New Mexico

Catastrophic Injuries

  • Brain injury is one of the most serious and calamitous injuries that victims experience. Our firm is experienced in effectively handling brain injuries from various events, such as car or truck accidents, construction accidents, coal mine accidents, motorcycle accidents, slip and falls, and many others.

  • Brain injuries affect not just the individual, but the family of the loved one who has sustained the injury. Because of the extensive nature of the injury, brain damage can cause a loved one to not only lose a job, but also basic functions, from walking to speaking. Brain injuries affect a family financially and emotionally, and you need to know the best way to go about handling an injury of this extent from caring professionals.

  • If the injury was suffered at work, then you need an experienced lawyer who knows how to get you workers’ compensation. While financial settlements can’t heal the emotional pain resulting in the injury of a loved one, it makes day to day life much easier, especially if the injury causes your loved one to lose his or her job. Workers’ compensation helps to ease the burden of financial responsibility.

Spine or Spinal Cord Injury

  • Oftentimes, spinal cord injuries are caused by vehicular accidents or construction jobs. These accidents sometimes lead to loss of full mobility and even partial or full paralysis. This can cause your loved one’s job to be lost and future assistance to be needed for the rest of his or her life.

  • Spinal cord injuries are life-changing. That is why you need assistance from the attorneys at Killian Davis Richter & Mayle, PC. Our spinal cord injury lawyers offer compassionate help to you and your family..

Fatalities and Wrongful Death

  • Our law firm handles litigation over wrongful death resulting from car, truck, or other automobile accidents.

  • Our attorneys also deal with cases from job site accidents, such as: oil and gas accidents, construction faults, radiation exposure, and others.

  • Unfortunately, loved ones suffer because of others’ carelessness. You don’t need to be in a constant state of worry about what is going to happen to you and your family because of your loved one’s death—our law firm is dedicated to giving you the quality help that you need. We’ll do the hard work and take the burden so you can focus on helping your family to recover.

History of Train Accidents

Train Accidents

The United States was captivated by the idea of train travel from the time the first tracks were laid. From the completion of the Transcontinental Railroad, with its famous golden spike, to the construction of elevated trains above Chicago, trains have long been a favorite way for us to travel with convenience.

But every different phase of railway travel, whether steam, diesel, or electric, has been plagued by the threat of many different kinds of accidents:

  • Faulty track construction and maintenance

  • Failure to keep engines in good running condition

  • Drivers disregarding safety protocols

  • Control personnel sending wrong messages to drivers

  • Deliberate attacks on trains (terrorism)

Today, fortunately there are clear paths for victims of train accidents to gain compensation for their injuries. In New Mexico, Killian Davis Richter & Mayle offer the services of personal injury attorneys who know how to get these victims the restitution they deserve quickly.

The Nature of Train Accidents

When you think of a train accident, your first impression is probably of a spectacular crash. Devastating crashes between trains are certainly the ones that make it into the news headlines, but there are other ways that people can be injured or killed on or around trains:

  • Trains and cars can collide at road crossings if signaling devices are not maintained or if visibility at the crossing is restricted by overgrown foliage.

  • Trains can become derailed if there are objects on the tracks or the tracks are damaged.

  • Drivers who use poor techniques (braking too fast, etc.) can cause injury to passengers without a crash even occurring. These minor incidents are difficult for plaintiffs to prove, and require the help of skilled personal injury lawyers.

  • Hazardous materials on board trains can ignite or leak, endangering the lives of people near the railroad.

It is rare that a train accident is unpreventable or due entirely to the influence of nature. In most cases, a manufacturer, maintenance crew, driver, controller, or owner acts in a negligent way that opens the door for an accident to happen.

Litigating over Train Accidents

As in any transportation accident, victims often receive an initial offer from the responsible insurance company, which is most likely too small to cover the expenses of recovery. Getting fair compensation for injuries or wrongful death suffered in a train accident is very difficult, for several different reasons:

  • Minor injuries caused by sudden, jerky movements on the train are difficult to detect and trace back to their causes.

  • Recreating accidents at road crossings is complex and difficult, requiring a great deal of evidence and witness testimony.

  • As well-funded companies (or, in some cases, the federal government itself), train owners can afford to hire very skillful defense attorneys to oppose the efforts of plaintiffs to win a fair settlement for injuries.