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McComb Witten Marcoux

Driver Fatigue – Was It the Cause of Your Accident?

Jeffrey S. Witten, B.A., LL.B.
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Personal Injury Lawyer at McComb Witten Marcoux

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Feeling a bit sluggish this week?  A little off your game?

Does getting out of bed in the morning feel like climbing Mt. Everest.

It’s okay. Since the clocks “sprang” forward we’re all in the same boat.

But here’s the thing. Drowsiness isn’t just annoyance.

It’s a danger!

That’s because driver fatigue is one of the most common causes of car accidents in the Lower Mainland.

Drowsy, tired and fatigued drivers are often sloppy. Tired drivers have difficultly processing information, problems concentrating and react more slowly.

So it doesn’t take much imagination to see that drowsiness can be a recipe for disaster when a driver is in control of a car travelling at 80km per hour.

Injured in a car accident?

Was the other driver’s ability to operate his/her vehicle impaired by fatigue?
It’s an important question. And all too often it gets overlooked when determining who’s at fault for a car accident.

But here’s the thing. It’s not enough to “suspect” that the other driver involved in your accident was drowsy (and that this caused/contributed to the accident).

You’ve got to be able to prove it.

So what types of questions should you and your lawyer be asking? Here’s a taste:

  • How many hours sleep did the other driver get in the 24hrs before the crash?
  • What did the other driver do for work? How many hours did the other driver work the day prior to the accident and when did his/her shift start and finish?
  • When did the driver wakeup on the day of the accident?
  • Did the other driver consume alcohol, drugs or medication in the 24hrs before the accident?
  • Does the other driver suffer from a sleep disorder of any kind?
  • What did the other driver eat in the hours preceding the accident?

And that’s just the tip of the iceberg.

So if you’ve been involved in an accident make sure you wake up to driver fatigue. It could be difference between success and failure when it comes to your compensation claim.

Category: Car Accidents

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