You suffer injuries in an auto accident involving a fatigued driver, and you are unsure about how to proceed from here. After you care for your accident injuries, seek legal help.
Talk with a fatigued driver accident lawyer in Charlotte, and they can help you decide if now is the right time to file a claim or lawsuit against the liable party.
Shane Smith Law has recovered more than $250 million in compensation for our clients over the last five years. Allow a car accident lawyer in Charlotte from our team to handle your case.
We will work hard to pursue compensation from the fatigued motorist who caused your accident and injuries. To find out more, request a free case consultation.
Don’t Wait Any Longer to File a Fatigued Driver Accident Claim in Charlotte
If you choose not to do anything following an auto accident caused by a drowsy driver, you could have to pay some or most of the costs you incur from the incident out of pocket.
Alternatively, if you hire a fatigued driver accident lawyer in Charlotte, you can get the legal help you need to hold the liable party accountable for their actions against you.
Your personal injury attorney is familiar with the hot spots for accidents in Charlotte and what it takes to recover compensation from motorists and their insurance companies. In your case, they can help you file a claim and detail why your compensation request is valid. On top of that, they can negotiate an insurance settlement covering your tangible and intangible accident losses.
Shane Smith Law provides FAQs and other resources to those who are debating whether to file claims against reckless motorists.
If you are interested in filing a fatigued driver crash claim or are ready to move forward with one, we are here for you. For more information, schedule a free case consultation.
Speak with a Charlotte fatigued driver accident lawyer, and get a free consultation today.
Call (980) 294-4931Problems That Can Come Up If You Go Through the Insurance Claims Process Alone After a Fatigued Motorist Accident
You meet the liability insurance requirements of North Carolina. Even if a fatigued motorist who caused your accident does the same, there’s no guarantee that their insurance company will agree to provide adequate compensation for your losses from the incident. The insurer may dispute your claim or offer a lowball settlement, depending on the situation.
Expect your Charlotte fatigued driver accident lawyer to estimate your case’s value and fight for fair compensation for you. However, if an at-fault party’s insurance company chooses not to offer a reasonable settlement, you can take your case to trial.
Per North Carolina General Statute § 1-52, in many instances, the statute of limitations for filing a personal injury lawsuit is three years. Because of this, if you want to sue a fatigued motorist for injuries you suffer in an auto accident that they caused, you typically have three years to file your lawsuit.
Get trusted legal guidance from a Charlotte Fatigued Driver Accident lawyer at no cost.
Get Your Free ConsultationWhat Types of Compensation Can You Get in a Fatigued Driver Accident Lawsuit
Ultimately, the dangers of fatigued driving are significant, and the same is generally true of the losses of those harmed in auto accidents involving drowsy drivers. Your car accident attorney can assess your economic and non-economic damages from your accident with a fatigued motorist. They can help you recover various types of damages, including:
- Pain and suffering
- Medical expenses
- Loss of income
- Diminished earning capacity
- Car repair costs
- Loss of enjoyment of life
When it comes to settling your car accident claim, your attorney will account for these and other damages. At the same time, your lawyer will treat your case as if it will go before a judge or jury. This helps both you and your lawyer in the event that no settlement is reached and litigation is necessary.
Evidence That You Can Use to Prove That a Motorist Was Driving While Fatigued
You believe that you saw the signs of a fatigued driver when a motorist slammed their vehicle into yours. Regardless of how well you describe these signs to a judge or jury, it’s unlikely that this will be enough to get the court to rule in your favor.
Your attorney will gather evidence to help prove negligence. Below are some of the forms of proof that your lawyer will use:
- Dash cam or traffic camera footage of your accident
- Witness statements
- Accident scene photos
- Police reports
In a trial, your lawyer will use these and other types of evidence to illustrate to a judge or jury that the defendant operated their vehicle while fatigued and, as a result, caused your accident, injuries, and damages.
What Contributory Negligence Can Mean to the Outcome of Your Fatigued Motorist Accident Case
If you sue a motorist who was driving while fatigued and crashed their car into yours and are found to be even 1% to blame for the accident, you will be barred from recovering damages. This is due to North Carolina’s contributory negligence rule.
Under North Carolina General Statute § 1-139, in a personal injury lawsuit, the defendant has the burden of proof to prove that the plaintiff was negligent and that their negligence contributed to their injuries. Your attorney will teach you about contributory negligence and its potential impact on your case’s outcome.
They will consider how the defendant will argue their case in a trial. In addition, your attorney will develop an argument specific to your circumstances, so they are well-equipped to make it clear to a judge or jury why damages should be awarded.
In Pain After a Fatigued Driver Accident? Call Shane!
Partner with a fatigued driver accident attorney in Charlotte from Shane Smith Law. Our legal team has over 100 years of combined experience.
We want to use what we know to position you to get the outcome you want from a fatigued motorist accident claim or lawsuit. Contact us today.