Egolf Ferlic Martinez Harwood Attorneys At Law

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Is driver fatigue excusable in a crash?

On Behalf of | Mar 25, 2022 | Motor Vehicle Accidents

People often talk about vehicle crashes as accidents. Yet, if you are injured in a car crash and need to claim compensation, you cannot afford to see things this way.

Instead, you need to look at fault. You need to gather evidence to show why the other driver was to blame.

Sometimes attributing blame is simple

If the other driver were speeding or drunk, you would have no qualms about saying it was their fault. What about if they were tired, though? We all get tired occasionally. Can you really blame someone for a crash because they needed 40 winks?

Driving is a choice. While there is often a lot of pressure on people to drive to work or use the car to drop the kids at school, it is always a choice. Drowsy driving is similar to drunk driving.

People are free to have a few drinks, but they need to consider the effects of those drinks before getting in the car. People are free to stay up late watching a series from start to finish on Netflix. They are free to work double shifts or stay out all night partying. Yet, they need to consider how the resultant lack of sleep will affect their ability to drive safely.

Even if the tiredness did not result from such extreme examples, drivers still have a responsibility to ensure they are fit to drive before doing so. If they were not and injured you in a crash, do not feel bad about laying the blame squarely on their shoulders. They chose to drive while tired, and you should not have to pay for the consequences.