If you or someone you love suffered injuries in a motorcycle accident because another person was driving while tired, DeMayo Law Offices, LLP might be able to help. You likely suffered severe physical harm and feel the burden of paying your medical bills. The accident, your injuries, and the unexpected expense can cause significant stress for you and your family. You should not be forced to suffer any further when someone else was at fault. We can help you hold the driver liable and pursue the compensation you’re owed.
Driving while tired is more common than people realize. A survey found that approximately 20% of drivers fell asleep behind the wheel within a one-year period. With busy schedules and lots of responsibilities, Americans often operate their vehicles despite feeling drowsy or lacking an adequate amount of sleep. This can increase the risk of accidents because sleepy drivers have slower reaction times, poor decision-making skills, and reduced motor function.
If you encountered a fatigued driver while riding your motorcycle and an accident occurred, do not hesitate to reach out to DeMayo Law Offices, LLP immediately. We can meet with you for a free consultation and advise you about the best options for recovering compensation from the at-fault driver. Call us at (704) 333-1000 right now.
Why You Should Hire an Attorney
You might think you can handle your case alone but seeking legal representation is one of the most important choices you can make following a motorcycle accident. When someone is tired and decides to drive anyway, they risk falling asleep. Without total control over their vehicle, they could sideswipe your bike, crash into you head-on, or run you off the road. This can result in catastrophic injuries and a long and painful road to recovery. You need an experienced lawyer to help you navigate the process of filing a claim or a lawsuit to get the compensation you deserve for your injuries.
DeMayo Law Offices, LLP has been representing motorcyclists since 1992. We know what it takes to reach a favorable outcome in a personal injury case. If you try to take matters into your own hands, the insurance company or defense attorney will most likely use intimidation tactics to scare you into accepting a lowball offer. You could end up walking away with much less compensation than you deserve.
We won’t allow anyone to take advantage of you during the legal process. Our team will remain by your side until the very end of your case. We can guide you through each step and inform you of your options along the way. You won’t have to take on the responsibility of completing confusing paperwork, adhering to strict deadlines, or communicating with opposing parties. We will take care of all of that for you.
Why Choose DeMayo Law Offices, LLP?
At DeMayo Law Offices, LLP, we have over 150 years of combined legal experience. Since opening our firm, we’ve represented more than 92,000 people in their personal injury cases. We’ve been able to secure significant settlements and jury verdicts for individuals in Charlotte and throughout North Carolina.
We dedicate our time and attention to every person who walks into our offices. You won’t feel ignored or abandoned when you hire us. You will receive the one-on-one attention you rightfully deserve. Customer service is a key value at our firm. We know the importance of answering a call when our clients need us the most. That’s why we offer 24/7 services so you can speak to a legal representative at a time that’s most convenient for you.
We have built a stellar reputation for our hard work and dedication to accident victims. You need someone in your corner to advocate for your rights and fight for the justice you deserve. Multiple legal organizations throughout the country have recognized us for the services we provide. We’ve received awards from the Million Dollar Advocates Forum, the Multi-Million Dollar Advocates Forum, and The National Trial Lawyers Top 100, to name just a few examples.
Common Signs of Driver Fatigue
A staggering number of Americans drive despite feeling tired. According to statistics gathered by the National Highway Traffic Safety Administration, around 100,000 motor vehicle accidents occur because of tired drivers every year. Many people don’t think their actions are an issue. They often get behind the wheel feeling exhausted and never get into an accident. So they believe they can safely operate their car without suffering any consequences.
Unfortunately, this mindset often leads to devastating crashes. When an accident involves a motorcyclist, the results can be fatal. Driving while tired can cause a driver to drift into oncoming traffic or even fall asleep at the wheel. Symptoms of fatigued driving might include:
- Slowed reaction time
- Poor decision-making
- Blurry vision or double vision
- Reduced motor skills
- Altered sensory perception
- Loss of coordination
- Inability to understand or notice traffic signs and signals
The most dangerous consequence of driving while tired is losing consciousness. Even if someone falls asleep for only a few seconds, that’s enough time to rear-end the vehicle ahead, run a red light, or cross other lanes of traffic.
Determining the Monetary Value of Your Case
The aftermath of a motorcycle accident can be traumatic and disorienting. Once you begin medical treatment, you start receiving bills and incur other expenses. You might also suffer various physical and emotional losses. You have a right to file an insurance claim with the at-fault driver’s insurance company for compensation for these losses.
Vehicle owners must purchase and carry liability insurance with minimum required coverage limits. These limits could provide you with compensation for your past and future losses. Those losses could include:
- Mental anguish
- Property damage
- Pain and suffering
- Physical impairment
- Medical expenses
- Out-of-pocket costs
- Diminished quality of life
- Lost wages
- Lost earning capacity
The value of your case will depend on different contributing factors. DeMayo Law Offices, LLP can review everything about your case to determine the full and fair insurance settlement you deserve. Some of the factors we might consider are:
- Type and severity of the injury
- Total medical expenses resulting from the accident
- Length of the recovery period
- Daily life disruptions such as missed work and inability to perform household chores
- The estimated cost of necessary treatment in the future
- Physical or mental disability due to the injury
- The impact of the crash on immediate family
The goal is to reach a favorable settlement that compensates you for your total losses. We can file the claim on your behalf, submit all the evidence we find, and negotiate with the insurance company.
Unfortunately, the insurance company won’t be on your side. Their goal is to save money and avoid large settlement payouts whenever possible. We will need to be aggressive and seek full and fair compensation on your behalf. If we’re unable to reach an agreement, we can file a lawsuit.
Compensation Available in a Lawsuit
Lawsuits require following strict deadlines, preparing legal documents, and submitting substantial evidence proving fault. There is a three-year statute of limitations for most types of personal injury claims if you want to file a lawsuit against the other driver. That means you have three years from the date of the crash to initiate legal action. Once this timeframe passes, you’ll lose your right to pursue compensation in civil court.
A jury will review the facts of the case and determine if you deserve a financial award. If they believe your actions partially contributed to the accident, they could rule in favor of the defendant. Under contributory negligence, an accident victim could be prohibited from collecting compensation if they share even 1% of the fault for their injuries.
During a lawsuit, you can seek compensation for your losses and possibly recover punitive damages as well. This monetary award intends to punish the at-fault party for their wrongdoings and prevent them from similar actions in the future. A jury will only consider issuing a judgment for punitive damages if there’s clear and convincing evidence of the defendant’s willful or wanton conduct, fraud, or malice.
Seeking Justice for the Death of a Loved One
If you lost someone in a motorcycle accident due to the actions of a tired driver, you might be able to file a wrongful death lawsuit. North Carolina law defines wrongful death as one resulting from the wrongful act, default, or neglect of another person.
The estate’s personal representative is the only individual entitled to file a wrongful death lawsuit. Spouses, parents, and children are common choices for representatives.
The monetary award you can recover should compensate for the losses suffered by the estate and surviving family, such as:
- Funeral and burial costs
- Expenses for care, treatment, and hospitalization related to the fatal injury
- Loss of care, advice, assistance, services, companionship, guidance, and society the deceased provided before death
- Pain and suffering your loved one experienced before dying
- Lost income
You must observe a two-year statute of limitations that begins on the date of your relative’s death if you want to file a wrongful death lawsuit.
DeMayo Law Offices, LLP will go to battle for you against the negligent driver who caused your injuries. You can depend on our legal team to tirelessly work to secure the compensation you need to recover from your injuries and move forward with your life.
If you suffered injuries in a motorcycle accident because another person was driving while tired, call DeMayo Law Offices, LLP today at (704) 333-1000 for your free consultation.
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