What if the driver who caused my bicycle accident was drowsy or fatigued?
If the driver who caused the bicycle accident was drowsy or fatigued, the bicyclist may be able to pursue a claim for negligence against the driver. In order to do this, the cyclist will need to prove that the driver owed the cyclist a duty of care, the driver breached that duty of care, and the breach caused the cyclist’s injury or harm. In terms of proving that the driver breached their duty of care, the fact that the driver was drowsy or fatigued may be vital evidence. In Pennsylvania, it is illegal to operate a motor vehicle when the driver is too tired to drive safely, meaning that fatigue or drowsiness can be used to establish an act of negligence on the driver’s part. Further, the cyclist will need to show that the driver’s breach of duty caused the accident. It may be necessary to call upon an expert for this. The expert could look at the circumstances of the case and analyze how the driver’s fatigue or drowsiness affected their ability to safely drive the motor vehicle. Ultimately, bringing a successful claim against the driver for negligence may be the cyclist’s best option for recovering damages (compensation). If you were injured in a bicycle accident caused by a drowsy or fatigued driver, you should speak to a personal injury attorney to better understand your legal options.
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