Driving While Sleepy Can Causes Injuries

cartwrightlaw - March 23, 2023 -

Driving while sleepy is a dangerous situation. The more sleep-deprived someone is, the more dangerous their driving is. If a driver falls asleep and hits your car, discuss your options with a car accident attorney in the Bay Area. 

Fatigued Driving

While no statute specifically prohibits or defines drowsy driving in California, a driver who is overly tired may be exposed to criminal or civil liability. If a drowsy driver is observed driving dangerously, he or she can be charged with reckless driving in violation of California Vehicle Code Section 23103 VC. 

Driving without sufficient sleep is so dangerous that professionals like big rig truck drivers are subject to a complex set of federal and state rules that affect how many hours they can drive without a break, how much of a break they need, and similar items of control. Violating these rules is a very serious matter that can result in the suspension of the driver’s commercial driving license and thus directly impact the ability to continue work.

Drowsy driving significantly contributes to a growing number of motor vehicle accidents. The National Highway Traffic Safety Administration (NHTSA) says that sleepiness in drivers led to almost 100,000 accidents in a recent year. Some estimate that one in five fatal car crashes involves a drowsy driver.

Like driving under the influence, drowsy driving:

• Affects your ability to focus on the task of driving and the road ahead

• Slows your reaction time for braking or steering to avoid an obstacle or accident

• Impacts your judgment and decision-making ability

Drowsy driving significantly increases the risk of a car accident. Such drivers often experience microsleeps of just a few seconds. That may not seem like much, but at high speeds, it’s easy to run off the road or collide with another vehicle in that amount of time. Even without falling asleep, the physical and mental impact of sleepiness resembles that of drunkenness. Indeed, 24 hours without sleep will have a driver acting like they have a Blood Alcohol Content (BAC) of 0.10 percent, well above the legal limit. 

And yet, driving while sleepy remains disturbingly common. For example, a Centers for Disease Control (CDC) study of sleeping driving shows that one out of 25 drivers over 18 reported having fallen asleep at the wheel in the previous 30 days. In the same study, drivers who snore or sleep less than 6 hours a day were more likely to report falling asleep while driving than those who don’t snore and get more sleep.

Drowsy driving is involved in tens of thousands of accidents every year, causing thousands of injuries and hundreds of deaths. These numbers, self-reported, are probably an underestimate. 

As to who is most at risk of drowsy driving and related accidents and injuries, the evidence shows:

• Teen and young adult drivers are more likely to drive while sleepy
• Drivers who drive a lot of miles during the year
• Drivers on the road between midnight and 6 a.m. or those driving in the late afternoon, especially older drivers
• Drivers who don’t allow time for enough sleeping
• Commercial truck drivers
• Drivers who work a night shift or double shifts
• Drivers with untreated sleep disorders, including sleep apnea with its continuously interrupted breathing
• Drivers taking over-the-counter, prescription, or illegal drugs
• Divers under the influence of alcohol

There are warning signs of drowsy driving, and if you experience too many, you should pull off the road and rest for a while.

• Excessive yawning and blinking
• Having trouble keeping your eyes open
• Having trouble keeping your eyes open
• Tailgating
• Ignoring or failing to notice traffic signs and signals
• Having trouble recalling where you just drove
• Missing an exit
• Having a hard time staying in your lane
• Repeatedly hitting the rumble strips

There are some ways to prevent your own drowsy driving, including the following:

• Aim for enough sleep, at least 7 hours a day
• Following a sleep schedule and other good sleep habits will reduce your drowsy driving likelihood.
• Get treatment for sleep disorders; do what the doctor says to do.
• Avoid taking medicine before driving. Check labels first to see if the drugs might make you sleepy.
• Don’t drink alcohol before driving. Most of the bad results on your driving that result from alcohol also result from sleep deprivation. Alcohol makes the overall sleep symptoms worse.
• If possible, have someone drive with you. A companion can help to keep you alert and paying attention. Drowsy driving is far more common among drivers alone in the vehicle.
• If you notice symptoms, pull aside as soon as possible and rest. Even a short nap will reduce your drowsiness and danger. 
• Get some caffeine. Caffeine does work, but it is a short-term solution. It can at least buy you some time to get to somewhere convenient to get real rest. 
• Most of the “tricks” for staying awake don’t work too well. Worse, rolling down windows, resetting temps, and things like that can actually reduce your focus on the road and make you more dangerous.

Some states do have laws allowing for the prosecution of drowsy drivers if they cause an accident. However, it’s not at all clear that the states ever pursue these claims. Under the right circumstances, some of these laws allow the drowsy driver to be prosecuted for vehicular manslaughter. California does not have a law directly addressing drowsy driving but does have an official drowsy driving awareness day. 

Speak with a Car Accident Lawyer Today

If you or a loved one has experienced an injury in a drowsy-driving-related accident, you should call an experienced car accident attorney immediately. These cases are difficult to prove, and you will do best with an attorney with significant experience in this kind of accident. They will be familiar with the signs and symptoms of drowsy driving as well as the tactics an insurance company will use to avoid paying you the compensation for your injuries and other damages that you deserve. 

Contact us today for a no-cost case evaluation and initial consultation. We have offices in Vacaville, Santa Rosa, and Discovery Bay.

Driving while sleepy is a dangerous situation. The more sleep-deprived someone is, the more dangerous their driving is. If a driver falls asleep and hits your car, discuss your options with a car accident attorney in the Bay Area. 

Fatigued Driving

While no statute specifically prohibits or defines drowsy driving in California, a driver who is overly tired may be exposed to criminal or civil liability. If a drowsy driver is observed driving dangerously, he or she can be charged with reckless driving in violation of California Vehicle Code Section 23103 VC. 

Driving without sufficient sleep is so dangerous that professionals like big rig truck drivers are subject to a complex set of federal and state rules that affect how many hours they can drive without a break, how much of a break they need, and similar items of control. Violating these rules is a very serious matter that can result in the suspension of the driver’s commercial driving license and thus directly impact the ability to continue work.

Drowsy driving significantly contributes to a growing number of motor vehicle accidents. The National Highway Traffic Safety Administration (NHTSA) says that sleepiness in drivers led to almost 100,000 accidents in a recent year. Some estimate that one in five fatal car crashes involves a drowsy driver.

Like driving under the influence, drowsy driving:

• Affects your ability to focus on the task of driving and the road ahead

• Slows your reaction time for braking or steering to avoid an obstacle or accident

• Impacts your judgment and decision-making ability

Drowsy driving significantly increases the risk of a car accident. Such drivers often experience microsleeps of just a few seconds. That may not seem like much, but at high speeds, it’s easy to run off the road or collide with another vehicle in that amount of time. Even without falling asleep, the physical and mental impact of sleepiness resembles that of drunkenness. Indeed, 24 hours without sleep will have a driver acting like they have a Blood Alcohol Content (BAC) of 0.10 percent, well above the legal limit. 

And yet, driving while sleepy remains disturbingly common. For example, a Centers for Disease Control (CDC) study of sleeping driving shows that one out of 25 drivers over 18 reported having fallen asleep at the wheel in the previous 30 days. In the same study, drivers who snore or sleep less than 6 hours a day were more likely to report falling asleep while driving than those who don’t snore and get more sleep.

Drowsy driving is involved in tens of thousands of accidents every year, causing thousands of injuries and hundreds of deaths. These numbers, self-reported, are probably an underestimate. 

As to who is most at risk of drowsy driving and related accidents and injuries, the evidence shows:

• Teen and young adult drivers are more likely to drive while sleepy
• Drivers who drive a lot of miles during the year
• Drivers on the road between midnight and 6 a.m. or those driving in the late afternoon, especially older drivers
• Drivers who don’t allow time for enough sleeping
• Commercial truck drivers
• Drivers who work a night shift or double shifts
• Drivers with untreated sleep disorders, including sleep apnea with its continuously interrupted breathing
• Drivers taking over-the-counter, prescription, or illegal drugs
• Divers under the influence of alcohol

There are warning signs of drowsy driving, and if you experience too many, you should pull off the road and rest for a while.

• Excessive yawning and blinking
• Having trouble keeping your eyes open
• Having trouble keeping your eyes open
• Tailgating
• Ignoring or failing to notice traffic signs and signals
• Having trouble recalling where you just drove
• Missing an exit
• Having a hard time staying in your lane
• Repeatedly hitting the rumble strips

There are some ways to prevent your own drowsy driving, including the following:

• Aim for enough sleep, at least 7 hours a day
• Following a sleep schedule and other good sleep habits will reduce your drowsy driving likelihood.
• Get treatment for sleep disorders; do what the doctor says to do.
• Avoid taking medicine before driving. Check labels first to see if the drugs might make you sleepy.
• Don’t drink alcohol before driving. Most of the bad results on your driving that result from alcohol also result from sleep deprivation. Alcohol makes the overall sleep symptoms worse.
• If possible, have someone drive with you. A companion can help to keep you alert and paying attention. Drowsy driving is far more common among drivers alone in the vehicle.
• If you notice symptoms, pull aside as soon as possible and rest. Even a short nap will reduce your drowsiness and danger. 
• Get some caffeine. Caffeine does work, but it is a short-term solution. It can at least buy you some time to get to somewhere convenient to get real rest. 
• Most of the “tricks” for staying awake don’t work too well. Worse, rolling down windows, resetting temps, and things like that can actually reduce your focus on the road and make you more dangerous.

Some states do have laws allowing for the prosecution of drowsy drivers if they cause an accident. However, it’s not at all clear that the states ever pursue these claims. Under the right circumstances, some of these laws allow the drowsy driver to be prosecuted for vehicular manslaughter. California does not have a law directly addressing drowsy driving but does have an official drowsy driving awareness day. 

Speak with a Car Accident Lawyer Today

If you or a loved one has experienced an injury in a drowsy-driving-related accident, you should call an experienced car accident attorney immediately. These cases are difficult to prove, and you will do best with an attorney with significant experience in this kind of accident. They will be familiar with the signs and symptoms of drowsy driving as well as the tactics an insurance company will use to avoid paying you the compensation for your injuries and other damages that you deserve. 

Contact us today for a no-cost case evaluation and initial consultation. We have offices in Vacaville, Santa Rosa, and Discovery Bay.

Our successful case results are a reflection of the values and virtues we believe in and uphold at Cartwright Law Firm. Nothing stops us from pursuing justice on behalf of those who need it.

Robert E. Cartwright Jr.
Founder and Managing Partner