Everyone has a day when they didn’t sleep well, the workday exhausted them, or they felt worn out mentally. Yet, they still have to get home and decide to get behind the wheel of the car. Doing so puts everyone else on the road at risk.
If you have suffered from car driver fatigue, you know how it feels. However, if you suffered physical injuries in this situation and have mental anguish, financial losses, and a long road of healing ahead because another driver fell asleep behind the wheel, you deserve compensation for your losses. Without any doubt, consult a car accident lawyer about your legal options.
Why Does Car Driver Fatigue Happen?
Fatigue occurs when a person does not get enough rest, and the brain struggles to remain effective and work properly. When your brain lacks enough sleep over an extended period, that can lead to numerous risk factors.
Several key things bring on fatigue:
- Being awake for multiple consecutive hours at one time
- Engaging in boring or monotonous tasks for an extended period
- Being inactive for a long period
- Not getting at least seven hours of sleep per night (some people need more to avoid fatigue)
- The time of day, mainly if you usually sleep during certain hours
- Your health and the medications you take
Any of these situations put you at risk for numerous changes in the function of your brain. Your body wants and needs to sleep, and your brain works on making that possible.
How Common is Driver Fatigue?
Car driver fatigue is more common than most people realize. The Centers for Disease Control and Prevention (CDC) states that 37 percent of the adult U.S. workforce does not get the recommended minimum hours of sleep per night (seven), putting them at risk of fatigue and motor vehicle accidents. Data also shows that one in 25 drivers have fallen asleep or dozed off while driving in the previous 30 days. Those numbers are shocking when you drive alongside these people every day.
Even worse, the National Sleep Foundation shares that 6,400 people in the U.S. die each year from drowsy driving accidents. These statistics indicate that there is a lot at risk when a person gets behind the wheel while they are tired. Why does it happen? If you are a victim of such loss, what can you do about it?
What Happens to a Fatigued Driver?
Driver fatigue is undoubtedly dangerous.
While a driver may not think they endanger you and others when getting behind the wheel, consider what happens when a tired driver gets behind the wheel.
- There’s a higher risk of nodding off. It takes a split second for someone to lose sight of the road and make a grave mistake that causes a crash.
- Reaction time decreases. When someone is fatigued, they cannot react to changing situations as quickly. For example, if a car stops quickly in front of them, they may not stop fast enough to avoid a collision.
- Tired drivers make bad driving decisions. Impaired judgment from fatigue may lead them to drive too fast, miss red lights, or change lanes at the wrong time.
- A driver may not remember the last few miles they drove. This occurs when the brain is on autopilot, which means the driver does not have their full attention on driving.
- Tunnel vision can occur. When this happens, it is harder for a person to notice when something changes in their peripheral vision. For example, they might not see another car in an adjacent lane or a pedestrian about to cross the street.
- They drift from their lane. When someone does not adequately focus on the road, they can easily stray across lane markers or even into the path of oncoming traffic. The simple lack of concentration makes it difficult to drive properly in a lane.
There is no doubt that fatigued driving creates a heightened risk of an accident. You should know your legal options if you suffered injuries because someone else drove when overtired.
What Happens When You Are the Victim?
People consciously decide to get behind the wheel, knowing they feel fatigued. Even if a person feels tired but believes they can drive, they may drive unsafely. As a result, you can hold them responsible for their actions if they cause an accident and injuries.
If someone driving fatigued caused an accident that injured you, you can recover compensation for your losses through a complex process that a car accident lawyer can help you with.
How Do You Know a Car Driver Was Fatigued?
After a car accident, a sudden burst of adrenaline can make a drowsy driver more alert than right before the crash. As a result, you may have no idea they drifted off before the crash. The police officers reporting on the scene may not know this either.
That can make it difficult for you to prove fatigue caused the crash that injured you. However, you only need to demonstrate their unsafe driving actions. You do not necessarily have to prove fatigue – only what the fatigue caused the driver to do that led to your crash.
For example, if the driver swerved into your lane as they dozed off, the fact that they drifted from their rightful lane should make them liable. A reasonable and safe driver should stay in their lane – and a driver who does not violate traffic laws and their driver’s standard of care.
As the victim, any information you can provide to your attorney about the other driver’s conduct before the crash may help to identify and prove negligence and liability.
Here are some factors that may provide some insight into the other driver’s behavior:
- They drove erratically. They may have swerved back and forth, which you may have blamed on intoxication.
- You noticed the other driver was driving slower than normal.
- The other driver did not try to stop before the incident. In many car driver fatigue cases, there is no evidence at the scene, like tire marks, showing that the driver tried to stop, indicating they were unaware of the impending crash.
- You saw the driver before the accident, and they looked fatigued. You may see someone nodding off behind the wheel.
- They did not maneuver their vehicle properly. A driver might turn a corner too wide or not navigate turns easily, leading to a collision.
- The driver makes a statement at the scene, such as, “I was so tired I didn’t realize what was going on.” Take notes and ensure the police officers know the driver made this admission, so they can include it in their report.
If thinking back on your accident, you remember seeing any of this, document that information, then provide it to the authorities and your car accident attorney. Doing so can help them prove that the driver, in fact, bears responsibility for your losses.
What Happens If They Are Responsible?
If another driver causes your accident, you can hold them responsible for your injuries and losses. Compensation should cover the financial costs and other losses you suffered due to their negligent actions.
The burden of proof is on your shoulders, though. You need to show that the other driver did something that led to the crash. Saying you believe they were tired is not enough to prove your claim and obtain compensation. You need evidence of their negligence to present to insurance companies or in court.
A car accident attorney can help you navigate the claim process and prove you deserve compensation.
Evidence of Car Driver Fatigue
Specific evidence may not show a person’s drowsiness at the time of an accident. You may believe it, and the police at the scene may as well. Yet, if you don’t have much to go on, your car accident attorney can still help you.
Witness and evidence gathering
Your attorney will work closely with you and any witnesses of the accident to piece together what occurred. The goal here is to gather as much information as possible about the incident from as many people as possible. A tiny bit of information from a witness can be a big deal for your case.
Your lawyer may find video evidence as well. Suppose the accident occurred in a residential area. In that case, some of the homes in the area may have a camera on their exterior security system that may offer some insight into what occurred. Your attorney can help you find out if this is available to you.
Expert insight
When you are facing substantial losses and have little concrete proof of liability, it may be necessary to go further than eyewitnesses. Your attorney may suggest more aggressive measures for gathering evidence. This may include accident recreation, where an expert uses the evidence at the scene and physics to piece together what occurred. Accident recreation can be worthwhile in many cases.
Other expert witness statements may also be helpful. An expert might review information about the other driver and determine they have a sleep disorder or another circumstance that commonly causes fatigue. This can help in certain car accident claims.
Filing a Claim with the Insurance Company
Car driver fatigue is a common cause of accidents. If evidence shows the other party’s fatigue, you can file a claim for those damages with their insurance company.
Before you begin your claim, keep in mind that insurance companies are not working for you. Their sole goal is to minimize the amount they have to pay out on claims – not consider the interests of each individual claimant. As a result, many people unknowingly accept far less than they deserve when they do not have the right guidance and legal advice.
You always want to hire a car accident attorney to handle your insurance claim from the start. Your lawyer will identify when the insurance company is simply trying to reduce its liability to your detriment. They can present evidence to support your claim, handle all communications, and negotiate for a fair settlement when initial offers are too low.
A trusted attorney will fight for all your losses, including:
- Medical bills
- Lost time at work
- Pain and suffering
- Rehabilitation costs
- Complications and additional procedures
- Property damage
- Permanent disabilities or disfigurement
- Mental anguish and emotional distress
Having the right attorney increases your chances of obtaining a favorable settlement and resolving your claim directly with the fatigued driver’s insurance company. However, if negotiations fail, you may head to court. Your attorney can advise when to file a personal injury lawsuit.
A lawsuit pursues compensation through the civil justice system. Your attorney will follow the litigation process, continuing settlement negotiations along the way. If the insurer refuses to admit its policyholder’s liability or undervalues your losses, your attorney can take your case to trial for a judge or jury to decide.
Always Consult a Car Accident Attorney
Phillip J. Barkett, Car Accident Lawyer in Cape Girardeau
If you suspect car driver fatigue caused your car accident, contact a personal injury attorney for immediate help and guidance. Doing so can help you to secure the compensation you need to move forward with your life and the challenges you are now facing.
Seek a free consultation today. You have nothing to lose, as you never pay any legal fees for a car accident claim unless you win compensation.