Late night driving is often nerve-wracking. Not only do you have to contend with your own exhaustion, darkened streets, weather conditions and unexpected animal crossings, but you also have to fear other drivers who may not be as alert as you. When driving New Mexico’s highways and streets, you may end up in a motor vehicle accident caused by driver fatigue. We at Youngers Law understand the frustration involved in proving driver fatigue in the event of an accident.
The Centers for Disease Control and Prevention lists driver fatigue as one of the top causes of death in motor vehicle accidents. When drivers are fatigued their perceptions may be dulled, including vision, hearing, motor response and cognition. Drivers may even fall asleep behind the wheel and lose control of their vehicle. If you have been the victim of a motor vehicle accident caused by a fatigued driver, if the other driver themselves does not admit fatigue or if the other driver did not survive, then the burden of proof may be on you.
You may have to work with your insurance provider and the other driver’s insurance provider to conduct an accident investigation to find plausible evidence that the other driver was too exhausted to drive, and liable for any damages, losses, injury or other costs associated with the accident. Investigations, police reports, and photos of the accident may be some evidence that could build a case. For more information on this topic, please review our blog and website.