According to experts, a driver who has only been asleep for perhaps a few seconds might be unaware, or forget, that he or she was asleep. Within a truck accident lawsuit, this can be a hard judgment to make. However, in a nationally-representative survey of U.S. drivers conducted just last year, 41% of drivers admit to having “fallen asleep or nodded off” while driving at some point in their lives, including 11.0% within the past year and 3.9% in the past month. More than one in four drivers admits to having driven when they were “so sleepy that they had a hard time keeping their eyes open” within the past month. Operator drowsiness, fatigue, or sleepiness has been documented as a causal or contributing factor in aviation, maritime, and trucking accidents, according to the National Transportation Safety Board. Despite this knowledge, drowsy driving has received much less attention when compared with other accident causes.

More than one in four of those who reported having fallen asleep while driving in the past 12 months reported that they had done so between midnight and 6 a.m. With truck accident lawsuits on the rise, these fatigue-related accidents tend to be the most costly. Injuries and increasing medical bills can be devastating for victims and their families. Newly proposed regulations would limit nighttime driving for big rigs, in hopes of decreasing accidents during these hours, and subsequently decreasing injuries and fatalities. The trucking industry is fighting back against these new guidelines, but the safety of everyone else sharing the roads with these trucks should be brought to the forefront as a major concern.

In any truck accident lawsuit, it is essential to address three key elements: liability, causation, and damages. Liability refers to the question of who caused the accident and is financially and legally responsible for the outcome. Causation examines whether that fault was the proximate cause of the injury or death that resulted from the accident. Damages refer to the injuries suffered and how much they are worth in terms of dollars, with regards to both automobiles and individuals. The worth in dollars is a controversial topic, because different sides will have different estimates based on varying perspectives. Also, medical bills can be hard to estimate, as a victim’s recovery process is not definite or even predictable. Healthcare is never cheap, but it should also not be a worry for a recovering patient.

A claimant who can make the case that the company itself – and not just the driver – was at fault, will be able to increase the level of damages he receives at trial or settlement. Compensatory damages are also a factor in a truck accident lawsuit. Compensatory damages refer to the various losses resulting from the injury, such as pain and suffering, emotional distress, medical bills, loss of wages, and loss of quality of life. All of these factors are vital when assessing financial outcomes. A victim’s family should not suffer for the negligence of someone else. Taking care of victims should be the number one priority in any accident, but sadly that is not always the case.

Crosley Law Firm is determined to secure proper compensation for victims of truck accidents and their families. Contact our qualified San Antonio personal injury lawyers today.