Every year, thousands of crashes happen just because drivers don’t get enough sleep. These crashes can range from minor fender benders and one-car crashes to collisions that cause severe injuries and even fatalities. In one recent year, according to the National Highway Traffic Safety Administration, 684 people died in crashes involving a drowsy driver. Unfortunately, these are all preventable accidents. All drivers are responsible for assessing themselves and making a wise decision about whether or not they should be behind the wheel. When someone who is fatigued decides to drive despite their condition, they put everyone else at risk of motor vehicle crashes.
At Rizk Law, we can help you seek the justice you deserve following a collision with a drowsy driver. Our attorneys represent victims of drowsy driving accidents in Portland and throughout Oregon. We have decades of experience handling these personal injury cases and know how to investigate crashes caused by fatigued drivers. Let us fight for the maximum compensation you deserve. Contact us today for a consultation with a fatigued driving lawyer in Portland.
Understanding Drowsy Driving Accidents in Oregon
Drowsy driving is a condition that affects drivers who are excessively tired or sleep-deprived. This can look like a truck driver who has been on the road too long, someone driving late into the night, or a worker driving home from a midnight shift. This sleep-deprived state causes slower reaction times, difficulty focusing, and poor decision-making skills.
If you’re thinking this sounds a lot like drunk driving, you are exactly right. According to the Centers for Disease Control, being awake for 17 hours is comparable to having a BAC of 0.05 percent, and being awake for 24 hours is similar to having a BAC of 0.1 percent. This makes it critical for drivers to make smart choices about whether or not they are alert enough to be on the road.
It might seem easy to simply choose not to drive when fatigued, but many drivers overestimate their condition. Some circumstances tend to have drivers making the wrong decision repeatedly. The most common scenarios include a driver who:
- Is working overnight shifts or long hours
- Is driving long distances without taking breaks
- Has an untreated sleep disorder like sleep apnea
- Is using sedating medications
- Has had inadequate rest for any reason
These situations happen every day on the roads of Portland, and unfortunately, it’s impossible to know if the drivers around you fit into any of these categories. You are forced to trust that the drivers around you made the right decision to get behind the wheel.
Why Drowsy Driving Is Considered Negligence in Portland
In the city of Portland, drivers have a responsibility to other drivers and pedestrians to operate their vehicles safely. This means no driver should get behind the wheel knowing that they are operating under unsafe conditions, such as a sleep disorder or fatigue. They fail to uphold their responsibility if they decide to drive despite their condition. This is called a breach of duty, which is considered negligence in Portland. This negligence is the foundation of a personal injury claim.
How do you prove that another driver was negligent? When it comes to drunk driving, there is evidence left behind in the driver’s blood. Unfortunately, despite drunk driving and drowsy driving presenting in very similar ways, drowsy driving doesn’t leave behind any evidence in the same way. Because of this lack of evidence, it’s crucial to seek a skilled Portland drowsy driving crash attorney who can uncover signs of fatigue. They will do this through:
- Time-of-day analysis
- Driver statements and witness accounts
- Employment or driving logs
- Medical and prescription history
- Cell phone or GPS data that shows travel times and lack of rest
A skilled Portland car accident attorney will understand how to find the puzzle pieces and combine them to create the picture of a drowsy driver. This story will become the cornerstone of your case.
Oregon Laws on Driver Fatigue and Accident Liability
Oregon doesn’t have a law that explicitly forbids drowsy driving. However, state law allows injured parties to pursue compensation from a driver who acted negligently as long as they can prove negligence. Since drowsy driving falls under the umbrella of negligent behavior, the law still covers you.
The law in Oregon states that an injured party must show that the other driver breached their duty of care in some way, and that this caused the victim’s car accident injuries. That means that you need to supply some sort of proof in your claim. There are many kinds of evidence you can use, and you should use as much as it takes to paint a clear picture of fault. Some of the commonly used types of evidence include:
- Police reports
- Eyewitness testimony
- Dashcam footage
- Driver logs
- Black box data
You might be wondering how you’ll get this evidence. It can be tough, but it’s not impossible. The easiest way to access everything that’s needed to build a strong case is to let your lawyer handle it for you.
Who Can Be Held Liable in a Portland Drowsy Driving Crash?
Liability can be challenging to determine because every case is unique. In some cases, multiple parties may even share liability, whether it’s the drowsy driver, a trucking company, or other third parties. Most commonly, the liable party is:
- The Fatigued Driver – Most of the time, the fatigued driver holds the majority of the responsibility because they chose to drive while tired.
- A Trucking Company or Delivery Company – Federal law requires that commercial drivers follow safety standards and rules to prevent fatigued driving. If a trucking or delivery company pressures a driver to drive past the point of safety, they may share liability.
- The Employers of At-Fault Drivers – If an employee causes the crash while on shift performing work duties, their employer may share responsibility under vicarious liability laws.
- Rideshare Companies – Uber or Lyft drivers who work extended hours and ignore fatigue warnings can lead to company liability in certain circumstances.
Determining liability can be tricky. A lawyer can perform a thorough investigation to determine all the potentially negligent parties.
Compensation You Can Recover in a Drowsy Driving Lawsuit
Car accident victims can face many expenses when fatigued drivers cause a crash. That is why the law allows victims to seek compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Property damage
- Punitive damages
The amount you will receive depends on the details of your case. Documents like medical bills, car repair estimates, and personal testimony can help establish the value of your claim.
What to Do if You’re Injured by a Fatigued Driver in Portland
If you’re suffering from serious injuries after a drowsy driving accident, there are several things you can do to help protect your case. That includes:
- Seeking medical attention
- Documenting your injuries
- Photographing the crash scene
- Collecting statements from any eyewitnesses
- Filing a claim with insurance
- Avoiding negotiations with the insurance company
- Refusing to accept a low settlement offer
- Speaking to a personal injury lawyer in Portland
To help strengthen your case, it’s essential to be very careful about what you say to the at-fault driver and the insurance companies. Anything you say can and will be twisted and used against you, even if you apologize for the inconvenience. Let a lawyer handle any correspondence following a serious car accident.
How a Portland Drowsy Driving Accident Lawyer Can Help
Building a strong case is vital to winning the compensation you deserve. A drowsy driving accident lawyer does precisely that. They will:
- Investigate the crash
- Gather expert opinions
- Handle communications with the insurers
- File a lawsuit
Drowsy driving accidents can be severe and often come with life-threatening injuries. Your job should be to recover physically. Hiring a Portland car accident lawyer will relieve the stress of legal matters so that you can focus on healing.
Contact a Drowsy Driver Lawyer in Portland
A drowsy driver’s negligent decision can wreck your life. You don’t have to struggle through the aftermath alone. If you’ve been hurt in a drowsy driving crash in Portland, call Rizk Law today. We are here to help you understand your options and build a strong case to help you seek maximum compensation. With us, you will benefit from our:
- Local experience with Oregon personal injury law
- Proven track record of results in auto accident cases, including $500,000 for a Portland driver seriously injured in a rear-end crash
- Compassionate and transparent communication from day one
- Contingency fee structure – you pay nothing upfront and only owe fees if we win money for you
When you choose Rizk Law, you’re not just hiring a lawyer. You’re hiring someone who cares about your well-being and your physical, emotional, and financial recovery. As one satisfied client wrote:
“I had my first two accidents happen in one week. Neither of them were my fault. Thankfully I ran across Rizk law by reading the reviews. I’m very happy I went with them. Kyle and Alex were caring, experienced, straightforward and supportive people to work with. Thanks to them I feel very good about the outcome and I would recommend Rizk law to anyone who has been injured in a collision.” – Samantha B.
At Rizk Law, we fight for maximum compensation for every client. Let’s hold negligent drivers accountable together. Contact us today for your free consultation.