What if the driver who caused my bicycle accident was drowsy or fatigued?

If you’ve been in a bicycle accident in North Carolina and the driver who caused it was drowsy or fatigued, you may still be able to recover compensation for your injuries. Drowsy or fatigued driving is classified as negligence and, if proven, can hold a driver liable for the accident. In order to have a successful claim against the other driver, you must be able to demonstrate that they had a duty of care to you, that duty was breached, and that breach caused your injury and related damages. Proving negligence due to drowsy or fatigued driving can be difficult. However, there are a few things that can help. The other driver’s behavior prior to the accident can be considered, such as if they fell asleep at the wheel or were swerving. Additionally, witness testimonies can help establish that the other driver was drowsy or fatigued. It is also helpful if the police incident report indicates that the driver was drowsy or fatigued. If you did not have a witness or the police report does not support it, you can hire an expert witness to testify about the dangers of driving drowsy or fatigued. Such an expert would be able to give an opinion that the other driver was negligent due to drowsy or fatigued driving. If you can prove that the other driver was drowsy or fatigued and that their behavior led to your accident, you will have a successful personal injury claim and be eligible to receive compensation for your injuries and related damages.

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