It is no surprise that there are dangerous behaviors that must be avoided while driving. Drunk driving and distracted driving are among the most serious. Nonetheless, serious and even fatal accidents can be caused by drowsy drivers.
The National Highway Traffic Safety Administration (NHTSA) maintains records concerning all car accidents reported to the police. This data reveals that there are some 100,000 drowsy driving crashes each year. Further, records indicate that drowsy driving accidents are related to over 71,000 injuries and 1,550 deaths annually.
If you have been hurt by a drowsy driver, Fielding Law can help. Please contact our personal injury lawyers. You can call us at (877) 880-4090 or fill out our online form to speak with one of our attorneys for free. Together, we will consider your personal injury case and how we can assist you as a client. Hablamos Español.
One Principal Cause of Drowsy Driving Car Accidents
For many adults, a persistent life problem is sleep deprivation. Persons struggle to sleep when they want to, and they may want to sleep when it’s not possible. Consequently, some people get into the habit of pushing through their day and accomplishing tasks even while tired.
Although suffering from sleep deprivation, they keep going. This is very common. Yet, when someone is behind the wheel of a car, this bad habit can have terrible and even fatal consequences.
All drivers have the potential to be a drowsy driver. According to the Centers for Disease Control and Prevention (CDC), 1 in 3 adults doesn’t get enough sleep. Nonetheless, there are groups that must be especially attentive to avoid the snare of drowsy driving.
The groups who are the most vulnerable to having drowsy driving car accidents include persons who:
- Work especially long shifts
- Work night shifts
- Suffer from sleep disorders
- Consume prescription medications that cause drowsiness
Why Truck Drivers Are Especially Susceptible to Drowsy Driving Accidents
Commercial truck drivers use some of the largest vehicles on the road. Tractor-trailers, tow trucks, and buses are just some of them. Truck driver fatigue can result in serious accidents that cause severe injuries and deaths.
In order to meet the demands of unreasonable trucking companies, truck drivers will sometimes work long hours with insufficient sleep and rest between shifts. To help prevent drowsy driving crashes caused by truck driver fatigue, clearly defined federal regulations for commercial truck drivers exist.
An attorney who is knowledgeable with the Federal Motor Carrier Safety Administration’s (FMCSA) interpretation of drowsy driving laws can significantly help your car accident lawsuit involving a commercial truck driving company.
If you are a truck driver worried about fatigued driving accidents because your employer is pushing you to break federal law, do not contribute to truck accidents on the road. Instead, report your situation to the US Department of Transportation.
Retaliation from your employer is illegal. If you are threatened with any such retaliation, the FMCSA can help you.
Why Drowsy Drivers Are So Dangerous
A drowsy driver may not grasp fully that his condition is creating a perilous situation on the road. Consider this, at highway speeds, a vehicle can travel the length of a football field in 4 to 5 seconds. A distraction from conscious attention because of being fatigued for this brief period of time can quickly result in a motor vehicle accident.
Research indicates that a person who has not slept in 20 hours will experience serious challenges with concentration when driving. A drowsy driver is similar to someone driving under the influence of alcohol. A fatigued driver has a slower reaction time along with a compromised attention span.
His or her ability to identify and adjust to changing road conditions may be impaired. The drivers’ capacity to make accurate and precise decisions can become poor. Additionally, depending on how little sleep they have had, they could potentially be 3 times as likely to create a car accident.
If you have been injured by a fatigued driver, it could be challenging to establish guilt, especially if the fatigued driver denies that he or she was drowsy at the time of the accident. Fielding Law’s knowledgeable and discerning drowsy driving accident attorneys can help.
We understand how to reach the truth in these situations. Our legal team can bring to light the evidence that clearly shows a driver was drowsy at the time of the collision.
Signs of a Drowsy Driver
It is valuable to recognize the signs that you are driving in the vicinity of a drowsy driver or that you yourself may be a drowsy driver. How can you know?
Common indications that you are near a fatigued driver or that you are driving while fatigued include the following:
- Drifting out of the lane frequently
- Driver closing his or her eyes
- Frequent yawning
- Drifting into the rumble strips
- Drifting into the shoulder again and again
One additional danger is that exhausted drivers might suddenly recognize they are falling asleep while driving. This could scare them. While startled, they may attempt to adjust their error with excessive force and correction and end up causing an accident anyway.
Obtain the Compensation You Require
Whether you experience a seemingly minor car accident or one that is considered serious, both can create devastating injuries and debilitating financial obligations. Injuries resulting from drowsy driving accidents are often severe and long-lasting.
After the accident, it can be challenging to obtain the restitution you deserve and require. Negligent parties may try to hide their failures. Insurance companies are notorious for their attempts to minimize the seriousness of injuries, even trying to avoid all liability.
If your accident involved a trucking company or another company, their legal team might resist any and all efforts to be held accountable. Our legal team sees this as unfair, and we want to help. You should not be held responsible for someone else’s negligence. Nor should you have to fight with obstinate parties as you recover.
Fielding Law’s attorneys can assist you in getting the compensation your injuries and damages require. We can help you receive restitution for:
- Lost wages
- Lost potential earnings
- Hospital bills related to your accident
- Medication
- Physical therapy
- Physical pain
- Emotional suffering
- Counseling
- Lifestyle changes
Car Accident Lawyers Who Are On Your Side
Drowsy driving accidents can upend your life and leave you unsettled for a considerable amount of time. As you go about repairing and adjusting to life after the accident, you may be confronted with a whole new set of challenges and frustrations. Our fatigued driving accident attorneys can help you meet and overcome the hurdles that are facing you.
The attorneys at Fielding Law understand the worry and anxiety an injured person can feel when facing medical bills, complicated legal procedures, and obstinate guilty parties. We provide our clients with the dignity and compassion their situation calls for as we carry their legal load.
Whether it was you or a loved one who has been injured by a fatigued driver, Fielding Law can help. You deserve justice and compensation for the losses and damages inflicted upon you.
For assistance after an accident caused by a drowsy driver, contact a car accident lawyer at Fielding Law today for a free case evaluation at (877) 880-4090.
Frequently Asked Questions
1. When should I hire a drowsy driving accident lawyer in Texas?
Reach out to a lawyer as soon as possible after the crash. Since fatigue does not show up on a breathalyzer or leave obvious physical evidence, proving it depends on things that can disappear quickly, such as phone records, work schedules, dashcam footage, and witness statements about drifting between lanes.
2. How do you prove the other driver fell asleep at the wheel?
Most people will not admit to falling asleep at the wheel. Lawyers often use indirect evidence, like the driver’s work hours, receipts or texts showing how long they were awake, medical records for sleep issues, prescription history, car data, and signs such as no braking before the crash.
3. How common are drowsy driving accidents?
According to the National Highway Traffic Safety Administration, about 100,000 police-reported crashes each year are caused by drowsy driving. These accidents result in over 71,000 injuries and around 1,550 deaths. The real numbers are likely higher, since fatigue is often not reported or is confused with distracted driving or inattention.
4. Is drowsy driving as dangerous as drunk driving?
Yes, drowsy driving can be just as dangerous as drunk driving. If you have been awake for about 20 hours, it affects you in similar ways to being drunk, like slower reaction times, trouble focusing, and poor judgment of speed and distance. But since there is no legal limit for tiredness, proving fault is harder than in drunk driving cases.
5. Can I sue a trucking company if a fatigued driver hit me?
In many cases, yes. The Federal Motor Carrier Safety Administration has rules that limit how long truck drivers can be on the road and require rest breaks. If a trucking company pressures drivers to break these rules, the company can also be held responsible. Claims may involve the driver, the trucking company, and sometimes a dispatcher or scheduler.
6. What compensation can I recover after a drowsy driving crash?
You may be able to recover costs for medical bills, future treatment, lost wages, reduced earning ability, physical therapy, counseling, pain and suffering, and property damage. If you have a serious injury, such as a head injury or permanent damage, more costs can come up months later. This is why it is risky to settle before your treatment is finished.
7. How long do I have to file a drowsy driving accident claim in Texas?
In most cases, you have two years from the date of the crash to file a claim in Texas. If your claim is against a government agency, you may need to give formal notice within a few months. Waiting too long can also mean losing important evidence of fatigue, so it is best to act quickly.
8. Which Texas law firm handles drowsy driving accident cases?
Fielding Law helps people throughout Texas who have been injured in drowsy driving accidents. The firm handles car accident and personal injury cases, offers free consultations, and only charges a fee if you win compensation. You can call (877) 880-4090 any time, day or night, or request a free case review online. Hablamos Español.
