Introduction
Drowsy driving causes approximately 100,000 crashes annually, resulting in over 1,500 deaths and 71,000 injuries according to the National Highway Traffic Safety Administration. Fatigue impairs driving ability similarly to alcohol, slowing reaction times and impairing judgment. If you've been injured by a drowsy driver, proving their fatigue can strengthen your claim and may support enhanced damages.
This comprehensive guide covers how to prove driver fatigue, evidence sources for drowsiness, negligence theories in fatigue cases, and pursuing full compensation for your injuries.
Driving while fatigued is negligence that creates liability. We'll help you prove the other driver was too tired to drive safely.
How Fatigue Impairs Driving
Drowsy driving impairs reaction time, judgment, and awareness similarly to alcohol. Studies show that being awake for 18 hours creates impairment equivalent to a 0.05% BAC, and 24 hours without sleep equals approximately 0.10% BAC.
Fatigue causes microsleeps, brief periods of sleep lasting seconds that can occur without the driver's awareness. A vehicle traveling at highway speed covers the length of a football field in just a few seconds of microsleep.
Common signs of drowsy driving include drifting between lanes, missing exits or traffic signs, difficulty keeping eyes open, yawning repeatedly, and gaps in memory of recent miles traveled.
Certain times are highest risk for drowsy driving: late night (midnight to 6 AM), mid-afternoon (2-4 PM), and after long work shifts. Accidents during these periods may indicate driver fatigue.
Proving Driver Fatigue
The accident circumstances may indicate drowsy driving. Single-vehicle crashes, running off the road, and rear-ending stopped vehicles without braking are all common drowsy driving patterns.
Witness testimony about the driver's appearance and behavior can establish fatigue. Witnesses may have observed the driver yawning, rubbing eyes, or appearing sleepy before the crash.
The driver's schedule before the accident is crucial evidence. If they had worked a long shift, been awake for extended hours, or traveled long distances, this supports fatigue. Your attorney can investigate their activities.
For commercial drivers, hours-of-service logs, electronic logging device (ELD) data, and dispatch records can prove violations of federal rest requirements. Truckers who exceed driving limits are presumptively fatigued.
Medical records may reveal sleep disorders like sleep apnea that the driver knew impaired their ability to drive safely. Driving with an untreated sleep disorder is negligent.
Negligence in Drowsy Driving Cases
Drivers have a duty to only operate vehicles when capable of doing so safely. Choosing to drive when dangerously fatigued is negligent. The driver knows they are tired and chooses to drive anyway.
The lack of an objective test for fatigue (like a breathalyzer for alcohol) makes these cases more challenging, but circumstantial evidence can prove the driver was too tired to drive safely.
Evidence that the driver knew they were fatigued strengthens the case. If they told passengers they were tired, stopped for energy drinks, or exhibited obvious signs of exhaustion, they knew they shouldn't be driving.
For commercial drivers, federal hours-of-service violations establish negligence per se. Exceeding legal driving limits proves the trucker was fatigued.
Commercial Driver Fatigue
Federal regulations limit commercial truck drivers to 11 hours of driving within a 14-hour window after 10 consecutive hours off duty. Violations of these rules are evidence of negligent entrustment and driver fatigue.
Electronic logging devices (ELDs) now track driving hours automatically, creating reliable records of hours-of-service compliance. Your attorney can obtain this data in litigation.
Trucking companies that pressure drivers to violate rest requirements share liability for accidents. Evidence of such pressure, including unrealistic delivery schedules, supports claims against the carrier.
Commercial driver fatigue cases often involve larger insurance policies and corporate defendants with resources to pay fair compensation.
Building Your Case
Investigate the driver's activities in the 24-48 hours before the crash. Work schedules, travel records, and witness statements about their activities help prove fatigue.
Note the time of the accident and whether it occurred during high-risk fatigue periods. Crashes between midnight and 6 AM or mid-afternoon suggest possible drowsiness.
Examine the accident pattern. Did the driver drift off the road, rear-end a stopped vehicle without braking, or show other signs of inattention consistent with fatigue?
For commercial vehicle crashes, immediately request preservation of ELD data, dispatch records, and driver logs. This evidence can prove hours-of-service violations.
Interview witnesses about the driver's appearance and any statements they made about being tired.
Frequently Asked Questions
Conclusion and Next Steps
Drowsy driving is negligent behavior that creates liability. Proving the driver was fatigued strengthens your claim and eliminates defenses based on ordinary accident circumstances.
The most important steps you can take right now are: note the time of the accident and circumstances suggesting fatigue, ask witnesses about the driver's appearance, investigate the driver's activities before the crash, and request preservation of any commercial driver logs.
If you've been injured by a drowsy driver, contact a qualified car accident attorney for a free case evaluation. An experienced attorney can investigate the driver's schedule, obtain ELD data for commercial vehicles, and prove fatigue to maximize your compensation.