Most people understand the dangers of drunk driving and distracted driving. Drowsy driving doesn’t get the same level of attention, but it can be just as deadly. A driver who hasn’t had enough sleep has slower reaction times in addition to impaired judgment and the possibility of falling asleep behind the wheel without warning. When that happens at highway speeds, the results are often catastrophic.
If you were involved in a car accident or truck accident caused by a drowsy driver in Illinois, a Chicago car accident attorney can help you understand your legal options and whether you may have the right to pursue compensation. Here’s what you should know about how these cases work.
How Common Is Drowsy Driving?
Drowsy driving is far more widespread than most people realize. The National Highway Traffic Safety Administration (NHTSA) estimates that fatigue plays a role in nearly 100,000 police-reported crashes every year across the country. The actual number is likely much higher, since drowsiness is difficult to detect and often goes unreported after an accident.
Certain groups are at a higher risk of drowsy driving than others. Commercial truck drivers who spend long hours on the road are among the most common offenders, but shift workers and people with untreated sleep disorders also pose a significant risk.
How Do I Prove a Driver Was Drowsy?
One of the biggest challenges in drowsy driving cases is proving that fatigue was the cause. Unlike alcohol impairment, there’s no breathalyzer test for sleepiness. That means your attorney will need to rely on other forms of evidence to build your case.
Some of the evidence that can help establish drowsy driving include:
- The driver’s own statements at the scene and to the police
- Cell phone records showing the driver was awake for an unusually long period before the crash
- Employment records showing the driver had just finished a long shift
- Electronic logging device (ELD) data, in cases involving commercial trucks
- Dashcam footage showing the vehicle drifting between lanes before the crash
- Testimony from witnesses who noticed signs of fatigue
In truck accident cases, the evidence trail is often more in-depth because federal regulations require commercial drivers to log their hours. If the trucker was on the road longer than federal law allows, that violation can serve as powerful evidence of negligence.
Who Can Be Held Liable for a Drowsy Driving Accident?
The drowsy driver is the most obvious responsible party, but others may also be held liable in some cases. If the driver was on the job at the time of the crash, for instance, their employer could share liability. This is most often true in trucking cases where the carrier pressured its driver to meet tight deadlines and failed to monitor compliance with hours of service regulations.
Determining everyone who shares liability for your injuries and related damages is an important step in the claims process, as doing so could increase your compensation significantly.
Contact a Personal Injury Lawyer With Meyers & Flowers for Legal Help
Drowsy driving accidents can cause life-changing injuries, and proving the other driver was fatigued may require a detailed investigation. Call Meyers & Flowers to get started with a free consultation today at (630) 576-9696. We’ve won billions of dollars for our deserving clients to date and will work just as hard on your behalf from the start.