What if the driver who caused my bicycle accident was drowsy or fatigued?
If the driver who caused your bicycle accident was drowsy or fatigued while driving in Indiana, you may be able to pursue a negligence claim for damages. In Indiana, a driver’s drowsiness or fatigue is considered a form of negligence. To prove negligence, you must show that the driver had a duty to exercise reasonable care while driving and that they breached that duty. You must also show that their breach of duty was the proximate cause of your injury and that you suffered actual damages as a result. To prove the driver’s drowsiness or fatigue, you may be able to establish that they had been driving for an excessive period of time without rest and that this was the cause of the accident. You may also be able to prove that the driver was using drugs or alcohol that caused them to be impaired. For your case to be successful, you must be able to show that the driver’s fatigue or drowsiness played a substantial role in the accident. If you are able to do this, you may be able to successfully pursue a claim for damages based on the driver’s negligence. You should speak to an attorney who specializes in bicycle accident law for more information about your particular case.
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