East Orange Drowsy Driving Accident Lawyers

Did you know that the symptoms of drowsy driving mirror those of driving under the influence? Many people are unaware of this, and that is why drowsy driving remains one of the most dangerous yet underreported causes of motor vehicle accidents in New Jersey. 

When drivers operate vehicles while fatigued, their reaction times slow dramatically, their decision-making abilities diminish, and they may even experience microsleeps—brief moments of unconsciousness that can lead to devastating crashes. At Goldstein & Goldstein, LLP, our East Orange drowsy driving accident lawyers understand the serious implications these accidents have on individuals and families. We are dedicated to helping those affected by drowsy driving accidents pursue fair compensation for their injuries and losses.

The consequences of drowsy driving extend far beyond property damage. Medical expenses, lost wages, rehabilitation costs, and long-term care needs create substantial financial burdens for those injured. Furthermore, the physical pain and emotional distress can persist long after the initial impact. We work diligently to build strong cases that demonstrate liability and pursue maximum compensation for our clients.

How Do I Know if Drowsy Driving Caused My Accident?

Fatigue may have played a role in your accident if any of these key indicators are present:

• The accident occurred between midnight and 6 a.m. or during mid-afternoon drowsiness periods.
• No skid marks at the scene (suggesting no braking attempt).
• Evidence that the driver worked extended hours or multiple shifts before driving.
• Driver exhibited slow reaction times or failed to take evasive action before impact.
• Witness accounts describe the driver’s appearance as tired, yawning, or exhibiting signs of fatigue.
• Vehicle crossing into oncoming traffic without apparent cause (common in fatigue-related accidents).
• Evidence that the driver worked extended hours or multiple shifts before driving.

Our East Orange drowsy driving accident lawyers collaborate with accident reconstruction professionals who analyze crash scenes, vehicle damage patterns, and electronic data from modern vehicles to establish factors contributing to the collision. We also examine police reports, interview witnesses, and review medical records to gather comprehensive evidence supporting claims.  

How Do Drowsy Driving Accidents Differ From Other Vehicle Collisions?

Drowsy driving accidents exhibit distinctive characteristics, setting them apart from other collision types. Unlike drunk driving, no objective test determines a driver’s level of fatigue. This necessitates more extensive investigation and evidence gathering to establish drowsiness as a contributing factor.

These accidents often produce severe injuries because drowsy drivers frequently fail to take evasive action before impact. Without braking or attempting to avoid collision, crashes occur at full speed, maximizing the force transferred during impact. Additionally, drowsy driving accidents commonly involve head-on collisions or vehicles drifting into oncoming traffic, scenarios that typically result in catastrophic injuries. 

What Compensation Can I Receive After a Drowsy Driving Accident?

The compensation available after drowsy driving accidents depends on the specific circumstances and severity of injuries. Generally, you may be entitled to recover damages for medical expenses, including emergency room care, hospital stays, surgeries, physical therapy, prescription medications, and future medical treatment related to your injuries.

Lost income constitutes another significant category of compensation. This includes wages lost while recovering from injuries and diminished earning capacity if your injuries prevent you from returning to your previous occupation. Additional compensable damages include physical pain and suffering, emotional distress, loss of enjoyment of life, and property damage. In cases involving particularly reckless behavior, punitive damages might apply.  

How Can I Prove the Other Driver Was Drowsy?

Establishing that another driver operated a vehicle while fatigued presents challenges, but our skilled East Orange drowsy driving accident lawyers employ strategic methods to demonstrate drowsy driving. For instance, cell phone records may reveal the driver was awake for an extended period before the accident; work records can show long shifts or overtime hours preceding the crash, suggesting fatigue.

Witness testimony proves invaluable in these cases. Passengers, other motorists, or even restaurant or gas station attendants who interacted with the driver before the accident might have observed signs of fatigue. The responding police officers might have noted indicators of drowsiness in their report. Our legal team thoroughly investigates all potential sources of evidence to build compelling cases demonstrating that the other driver’s fatigue contributed to collisions.

Are Commercial Truck Drivers Held to Stricter Standards Regarding Drowsy Driving?

Yes, commercial truck drivers are subject to significantly stricter standards regarding drowsy driving through federal Hours of Service (HOS) regulations. These rules limit driving to 11 hours within a 14-hour window after 10 consecutive hours off duty and require mandatory breaks. Truck drivers must maintain detailed electronic logbooks documenting their driving and rest periods. These stricter standards exist because fatigued truck drivers pose heightened public safety risks due to their vehicles’ size and weight. When truck drivers violate these regulations and cause accidents, both they and their employers may face increased liability.

In injury cases, these documented HOS violations can serve as powerful evidence of negligence, making it easier to establish liability compared to ordinary drowsy driving cases involving passenger vehicles.

How Long Do I Have to File a Drowsy Driving Accident Claim in New Jersey?

New Jersey law establishes strict time limits for filing personal injury claims, including those arising from drowsy driving accidents. Generally, you have two years from the accident date to initiate legal action. This statutory limitation applies to most personal injury cases. However, certain exceptions may extend or reduce this timeframe depending on specific circumstances.

If you are filing a claim against a government entity, additional notice requirements and shorter deadlines apply. Furthermore, claims involving minors follow different timelines. Missing these deadlines typically results in you losing your right to pursue compensation regardless of case merit. We recommend consulting with our East Orange drowsy driving accident lawyers promptly after an accident to verify applicable deadlines and protect your legal rights.

Dedicated East Orange Drowsy Driving Accident Lawyers at Goldstein & Goldstein, LLP Can Explain Your Legal Options

The skilled East Orange drowsy driving accident lawyers at Goldstein & Goldstein, LLP offer seasoned knowledge and free consultations without obligation. To learn more, call our East Orange, New Jersey office at 973-675-8277 or contact us online. We proudly serve clients in the surrounding areas.