Now that we live in a 24/7 society where people work and entertain themselves at all hours of the day, vehicles are constantly on the road. This lifestyle stands in stark contrast to the world only a few decades ago when traffic mostly occurred during daylight.
Unfortunately, more people than ever also burn the candle at both ends and take to the road while feeling fatigued. This practice leads to drowsy driving accidents, where innocent victims deserve compensation for their losses.
If you or a family member has suffered injuries from a drowsy driver, find out how you could get justice with help from The Collins Law Firm.
Drowsy driving has become such a concern that the Illinois Department of Transportation now includes a section about it in the Illinois Rules of the Road. Recent data indicates that as many as 10% of all crashes involve sleepy drivers. Up to 21% of fatal crashes are due to driver drowsiness.
Other concerning statistics show that over 50% of American adults admit to having driven while drowsy at some point. About 4% of U.S. drivers confessed to falling asleep behind the wheel in the month before the survey. While many drivers worry about the risk of drunk driving, fatigued drivers may be just as dangerous.
Unlike the influence of alcohol or other substances, police officers can’t truly measure the toll that fatigue takes on a driver. However, the effects on judgment and reaction time can be just as dangerous.
Just as drinkers may underestimate the effects of alcohol on their mental faculties, many more individuals are likely to minimize the impact of drowsiness on their ability to operate a vehicle. Studies have shown that after 18 hours of staying awake, a person’s reaction time and hand-eye coordination are similar to someone with a 0.05% blood-alcohol content level. At 20 hours without sleep, the impairment is like the legal limit of 0.08%.
Consequently, drowsy drivers may begin to drift into other lanes or over to the wrong side of the road. Confusion may cause a driver to press the wrong pedal, starting or stopping suddenly. Fatigue and slowed reaction time also mean accidents are more likely to happen at high speeds because drivers are slow to brake in response to hazards.
People across all demographics are at risk of an accident with a drowsy driver. Of course, those who make it a practice to get less than the recommended average of eight hours of sleep have the greatest odds of having these collisions. One significant reason is fatigued drivers tend to have more single-vehicle crashes.
Shift workers, first responders, commercial drivers, people with sleep apnea and people taking medications that increase drowsiness have greater rates of fatigued driving. Though teenagers usually require more sleep than adults, they often have schedules that are just as busy, harming their sleep hygiene. Unsurprisingly, 15% of teens admit to drowsy driving at least once weekly.
As a result, anyone on the road at the same time as these drivers is also at greater risk of being victims of drowsy driving accidents. Late nights and early mornings, especially in congested cities, are risky times. Mid-afternoons have an elevated risk, too.
Many obstacles can stand in the way of a fair settlement after an auto accident with a drowsy driver. A common issue is that the at-fault party’s insurance company will challenge your version of events and may use leading questions to try to make you accept fault.
Furthermore, while you may have been completely alert, questions will arise about whether you were also drowsy if the accident happened at night. Add to that the fact that the other driver may be unwilling to admit to their condition. The individual is likely to appear fully awake after an accident anyway due to a rush of adrenaline. The person’s compromised condition could also alter their perception and account of what happened.
In many instances, injured persons have challenges managing a claim after an accident. All of the legal legwork may be overwhelming while you’re recovering from your injuries.
Our legal team at The Collins Law Firm is ready to help you investigate, file and negotiate your claim if you have a valid case. You can discuss the details with us by scheduling a free consultation when it’s convenient for you.
Specific pieces of evidence can help establish that the other driver was drowsy and liable for the accident. As experienced lawyers, we’ll look for:
Evidence can be hard to collect on your own. However, we have the resources as a renowned personal injury firm to aggressively gather these documents and build a strong case for you.
After a drowsy driving accident, you may be able to recover compensation for medical bills, lost wages and reduced earning capacity. You can also seek damages for pain and suffering, emotional distress and loss of quality of life.
Our legal team will help you document your losses and calculate the full value of your claim, including both economic and noneconomic damages. We work hard to ensure you receive the compensation you deserve.
It is possible but unlikely that a civil court will rule that a defendant who fell asleep while driving was grossly negligent. This issue of gross negligence is important because it would qualify you to request punitive damages.
This award is unlike compensatory damages that aim to “make you whole” again. Punitive damages seek to punish a wrongdoer for extreme negligence and set an example to others. These penalties are most common in cases involving catastrophic injuries or wrongful death.
However, if a driver falls asleep on the road and causes a fatal accident, a criminal court could charge the person with reckless homicide, which is often a class 3 felony similar to involuntary manslaughter. Civil courts rarely consider involuntary manslaughter and reckless homicide as gross negligence because they lack the intent to do harm.
If you or a loved one has been hurt by a drowsy driver, it’s important to act quickly to protect your rights. The Collins Law Firm is here to help you fight for justice and compensation. Contact us today for a complimentary and confidential consultation to discuss your case and find out how we can assist you.
Photo by Johan Funke on Unsplash
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