Drowsy driving crashes might happen a lot, but they often become underreported because fatigue can be hard to document after an incident. The estimated accident numbers can run higher than officially recorded data, considering how there are no tests that can report on exhaustion.

Evidence in drowsy driving incidents can also fade right after the crash. Some information, like phone records and witness accounts, could help. Still, these might not totally indicate how tired the driver was during the accident. This could mean that getting the facts straight early on could be essential when building this type of case.

What Counts as Impairment Due to Driving Drowsy?

Impairment caused by exhaustion can show up similarly with scenarios that involve alcohol and other substances.

Sometimes, the driver could fall asleep for a moment, also called a microsleep. It might last only for a second, but that can be enough to lose control of a vehicle. If driving at highway speed, five seconds would let the car run the length of a football field. This could be disastrous if the person behind the wheel was unconscious even just for that moment.

Drowsiness can also impact a person’s ability to react. This can include their capacity to make better judgements and process what’s happening on the road. Even if they don’t doze off completely, fighting off sleep could make a driver drift while unaware of their surroundings.

How Does Fatigued Driving Differ From Drowsy Driving?

Legal definitions for feeling drowsy and fatigue can be different. When you drive while drowsy, it could mean you simply feel sleepy behind the wheel. On the other hand, fatigue covers a wider lack of cognitive and physical functions caused by exertions. This can happen even if you don’t feel sleepy.

If the situation involves fatigue, the case can consider if long work shifts, sickness, or physical labor led to it. Exhaustion related to these circumstances could significantly impact a person’s ability to drive. This type of impairment can also be easier to miss.

It’s easy to confuse drowsy driving and fatigue, but they can both be present in the same accident. Their differences could become vital when discussing how the driver got impaired.

Why Fatigue Is Treated Differently Than Other Sudden Impairments

When approaching fatigue, it’s often not treated like other types of medical impairments since it is predictable. Instead of manifesting suddenly, there are usually signs before the crash happens.

Drowsiness or exhaustion typically comes up gradually, so the driver can pull over to rest. This recognition and awareness come into play during the legal process because it makes the impairment foreseeable.

On the other hand, unexpected medical emergencies, such as seizures, can happen without build up. In this instance, there might be no way to avoid the accident unlike drowsy driving crashes.

Can Fatigue Be Caused by a Medical Condition?

In some cases, fatigue could originate from medical conditions like narcolepsy. This scenario can be an exemption if this was the cause of a collision.

Bad cases of sleep apnea and similar illnesses could cause sudden sleepiness that can overwhelm a person. Sometimes, there are no symptoms or signs before the drowsiness sets in. These incidents could happen even when the driver is undergoing treatment.

This information can significantly affect liability. When a driver has this kind of condition, it could bring about a different set of questions. These might include whether they are aware of the condition, and are receiving treatment.

Can an Employer Be Liable for a Commercial Driver Driving While Fatigued?

If the drowsy driving accident involved a commercial vehicle, the employer could be at fault. This industry follows strict rules surrounding hours of service. If they violated any standards, causing the driver’s severe fatigue, the company could be responsible.

An investigation can reveal if the employer implemented hours-of-service regulations properly. The facts could also show if the company pressures drivers into working more hours, or does other illegal practices. These might be enough reason to make them liable for the collision.

The legal liability can also go beyond the trucking company and extend to any employer with unreasonable driver schedules. Setting back-to-back shifts could make the driver dangerously fatigued. If there’s proof of this conduct, it can become a part of the claim.

Warning Signs of Drivers Who Are Drowsy and Struggling to Stay Awake

Typical drowsy driving incidents don’t happen out of the blue. Most of the time, certain warning signs lead up to the crash, such as the following:

• Drifting between lanes: When the car is wandering between lanes for no reason, the driver could be fighting off drowsiness.
• Delayed reactions: If the driver is tired, they might not be able to brake or adjust in time because for their dulled reflexes.
• Making a wrong exit or turn: It can be hard to navigate while slowly dozing off. Accidentally missing an exit or turn could be a sign to pull over and rest for a while.
• Common physical signs of exhaustion: Excessive blinking and yawning can be telltale signs of drowsiness. Consider taking a break from driving if a passenger notices this behavior on you.

Evidence That Connects Drowsy Driving or Fatigue to a Crash

Proving that fatigue or drowsiness caused a crash can be hard, but it is possible. These cases often rely on certain pieces of evidence, such as the following:

• Unsafe driving: Failing to brake or drifting can be signs of falling asleep at the wheel.
• Absence of other reasonable cause for the crash: If there were no road risks, mechanical issues, and other reasons for the accident, it could be drowsy driving.
• Statements from witnesses: Accounts from bystanders could give some information on the driver’s behavior leading up to the collision. A pattern of unsafe maneuvers could establish drowsiness or fatigue.
• Phone records: Late night calls, wake time and other activity could show that the driver didn’t get enough sleep. This data could establish drowsiness caused by sleep deprivation.
• A commercial driver’s time logs and other work records: These logs can show if a trucker went beyond legal driving hours and skipped rest periods, possibly implicating their employer.

Frequently Asked Questions