Driving while intoxicated has rightly gotten a lot of attention over the years as a practice to be avoided at all costs. But you may be surprised to hear that driving while drowsy is actually equally as dangerous, statistically, as driving under the influence. Safety experts tell us that fatigued driving – operating a vehicle after being awake for 20 hours – is similar to driving with a blood alcohol concentration of 0.08% – which is the legal limit.
However, you don’t have to be awake for that long for fatigue to dramatically affect your safety on the road. If you are more tired than usual, you can still experience slower reaction times and temporary lapses in critical thinking – both of which adversely compromise your ability to operate your car or truck safely. One moment of inattention while driving can lead to an accident that can suddenly change your life without warning.
Symptoms that should warn you that you are too tired to drive include drifting from lane to lane, your head bobbing involuntarily, difficulty keeping your eyes open, missing or not noticing road signs, and drifting off to sleep. All of these behaviors are likely to result in veering off the road, drifting into another motorists path, or not maintaining a safe distance between vehicles. All of these behaviors would typically be considered negligence under the law.
Statistics Regarding Fatigued Driving
- There are 100,000 drowsy driving related accidents reported annually by law enforcement, according to the National Highway Traffic Safety Administration
- AAA reports that the actual number of fatigued driving accidents is closer to 328,000
- Drowsy driving insurance claims cost in excess of $109 billion annually
- According to a recent survey, 4% of motorists admitted that they have fallen asleep behind the wheel in the past month alone.
Will an Insurance Company Pay?
If fatigue contributes to a car accident, the individual’s insurance company will be liable for losses and injuries sustained by the other party. If the drowsy individual was not covered by a valid and current insurance policy, the injured party can file an uninsured/under-insured motorist claim.
To receive compensation for damages, the injured party must prove the defendant driver’s fatigue caused the incident. An experienced auto accident attorney will understand what to look for and how to evaluate the evidence in terms of proving liability. Sometimes the officer on the scene will note “driver fatigue” on the official report. However, if the responding officer does not indicate drowsiness or fatigue as a cause, the proof will have to come from elsewhere, such as witness testimony or video footage from nearby surveillance or security cameras.
Lyft and Uber Accidents: If the at-fault driver was working for a ride-share company, your lawyer can request an employment file and driver activity logs.
Don’t Delay in Calling an Attorney
The Sarasota-based law firm of Probinsky & Cole has a team of dedicated auto accident attorneys with the experience you need to guide you through the legal process following a car crash. If you were injured in an accident in Sarasota, Tampa, Brandon or Orlando – call us as soon as possible. While proving drowsiness or fatigue is not always easy, our attorneys understand how to move forward collecting essential evidence and asking the right questions. Given how serious fatigued driving can be, you don’t want to take a chance at not being properly represented. Call today for a consultation.
