Injured in an Auto Accident Caused by a Tired Driver


December 2, 2020

 by Caruso Law Offices, P.C. | 

Fatigued Driving Crashes: Victims Injured in an Auto Accident Caused by a Tired Driver Should Call the Caruso Law Offices, P.C.

There are many common causes of auto accidents in New Mexico. Some of the most common include running a red light or stop sign, speeding, or drunk driving. But what many people do not realize until it is too late is that fatigued driving can be a very serious cause of auto accidents. In fact, some research even indicates that fatigued driving of someone who has been awake for 24 hours or more in a row is just as bad as a BAC of .10, or if a driver has been driving for 18 hours in a row that is like driving with a .05 BAC. Therefore, victims who have been injured in an auto accident caused by a tired driver may have a viable cause of action in New Mexico.

Here at the Caruso Law Offices, P.C., we handle all types of serious auto accidents including where a defendant has fallen asleep at the wheel, drives while tired or fatigued, or otherwise causes a serious auto accident in New Mexico. This includes truck drivers or trucking companies that have their truckers operate a motor vehicle while fatigued or tired and cause serious injury to you or an innocent loved one. Learn more how we can help during a FREE consultation.

Proving a Fatigued Driving Case

In order to be entitled to recover compensation for an auto accident caused by a tired driver, a victim must establish liability, causation, and damages. Without these three components, a victim will not be entitled to recover compensation under New Mexico law. Victims who use an experienced Albuquerque auto accident lawyer may be more likely to recover compensation for their injuries because insurance adjusters and defense lawyers will do everything in their power to stop a victim from recovering compensation.


Liability is proven by establishing that the defendant had a duty of care and that duty of care was breached. All motorists owe a duty of care to exercise reasonable care in the use or operation of a motor vehicle whether that is a smaller vehicle, motorcycle, or large tractor trailer. Motorists must also follow the vehicle and traffic law, and the failure to do that could result in liability. A motorist who fails to comply with these duty of care requirements is said to have breached that duty of care and can be liability under New Mexico law.


Once you can establish that there was a breach of a duty, a victim must also establish that the breach of that duty was a proximate cause or substantial factor in causing his or her personal injuries. This means that you can prove that the defendant’s actions in failing to act reasonably caused your serious personal injuries, and it was not another cause or a pre-existing condition that results in your damages.


This is the actual harm that you suffered that can be broken down into pain and suffering or agony, medical bills, lost wages, loss of future earnings, loss of consortium, property damage, and sometimes punitive damages. The damages are essentially the harm that was caused to you due to the actions of the negligent defendant.

Ask the Caruso Law Offices, P.C. to Prove Your Auto Accident Caused by a Tired Driver

Victims who have been seriously injured or wrongfully killed due to the negligence of another person may be entitled to damages under New Mexico law. Learn how our experienced Albuquerque auto accident lawyers at the Caruso Law Offices, P.C. can help you by proving your case, establishing causation, demonstrating your damages, and ensuring you receive the compensation that you deserve for your personal injuries in New Mexico.

We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico. Please call to schedule for FREE appointment by dialing (505) 308-0427 or contact us through our website’s easy to use and convenient contact box available here.

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Our New Mexico truck accident attorneys are aggressive, result-focused advocates for injured victims. Your free consultation is always with an attorney, not a paralegal. We handle truck accident cases throughout the entire state of New Mexico and all pueblos and reservations in New Mexico.

Get a free consultation by phone, at our office, your home, the hospital or other location. We travel the state representing clients, so we can meet you anywhere in New Mexico


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