Car Driver Fatigue

December 12, 2024

Car driver fatigue is a severe issue in the United States. When a tired driver gets in a car accident, they may be liable for the other person’s injuries and other damages. The AAA’s Foundation for Traffic Safety Report states that drowsy drivers caused 29,800 traffic deaths in a recent four year span.

Let’s discuss car driver fatigue and how it can be used in a personal injury claim or lawsuit to receive compensation. Then, speak to a Winchester car accident attorney to learn your legal options.  If you have suffered an injury in an accident due to another driver’s fatigue, you should always contact a lawyer as soon as possible.

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What Is Car Driver Fatigue? 

Driver fatigue is the mental and physical exhaustion that reduces the driver’s ability to drive safely. Driver fatigue can be caused by many problems, such as driving for too long or a health issue. Fatigue significantly reduces the driver’s ability to be safe on the road:

• Slower reaction times: Being tired reduces reaction times, which means drivers may need help slowing down fast enough when traffic slows. Many fatigued drivers cause rear-end accidents that injure or kill innocent people. 
• Reduced attention span: Tired drivers may have a reduced attention span and have trouble focusing on critical driving tasks.
• More likely to make bad decisions: Sleepiness affects our cognitive abilities, which can cause poor judgment during important moments behind the wheel. For example, fatigue may make it more difficult to maintain a steady speed or correctly judge distances. 
• More microsleeps: Microsleeps last for a few seconds when someone is tired and can cause a devastating accident. During a microsleep, the driver’s attention and situational awareness are lost. 
• Tunnel vision: A tired driver is likelier to have tunnel vision, compromising one’s peripheral vision, which is vital to driving safely. 

Car Driver Fatigue Statistics

Car driver fatigue leads to many severe and fatal accidents in the United States. It is usually preventable, but many drivers stay on the road far longer than they should:

• One in 25 drivers in the US say they have fallen asleep while driving. 
• Most fatigued-driver accidents occur between 12 and 6 am or in the late afternoon. 
• Fatigued driving and driving under the influence are similarly dangerous. Driving after more than 20 hours without rest is about the same as driving drunk with a .08 percent BAC. 
• Statistics show that drivers are three times more likely to be in a crash when fatigued. 
• Drowsy drivers caused 2.1 percent of fatal auto accidents in the US in 2022. 

What Causes Car Driver Fatigue? 

Many things lead to driver fatigue that may cause severe accidents and injuries:

• Inadequate sleep: The most common reason for driver fatigue is lack of sleep. It’s recommended that most people get seven or eight hours of sleep per night. When they don’t, drivers are at a higher risk of nodding off while behind the wheel. 
• Longer driving hours: Drivers who work for companies, such as trucking firms and delivery companies, may drive for 10, 12, or more hours per day. There is a higher risk of fatigue-related accidents after driving for too long. 
• Monotony: Driving on the highway for many hours can be monotonous, almost causing the driver to enter a trance. This problem can lead to falling asleep. Avoid this issue by taking a five-minute break every one or two hours when on the road for many hours. 
• Circadian rhythm disrupted: Driving during the night is more difficult because our circadian rhythms program us to sleep at this time. This is why the hours between 12 and 4 am have a higher rate of tractor-trailer accidents. Truckers often drive at night because of less traffic, but there is a higher risk of accidents for drivers staying up all night. 
• Medical problems: Drivers suffering from sleep apnea or narcolepsy can have more difficulty staying awake on the road.

The person can control many causes of car driver fatigue, but not all of them. Regardless of why the driver was tired, they can be held responsible if they fall asleep and cause a car accident. Talk to a car accident lawyer today if you suspect the other driver was fatigued.

How To Establish A Car Driver Fatigue Claim

Fatigued driving may be more challenging to prove; there isn’t a test to measure if someone is too tired to drive (as with driving under the influence and breath and blood testing). An experienced car accident attorney will thoroughly investigate the accident to determine how it happened and who should pay.

All car drivers in the US have a legal responsibility to drive safely. When they don’t, the at-fault driver may have been negligent.

Driver liability may be proven using many pieces of evidence, such as the police report, surveillance video, eyewitness reports, and expert testimony. It would help if a witness saw that the driver had fallen asleep behind the wheel or looked sleepy after the accident. Also, a driver’s work log, if the person is a truck or delivery driver, may be used to show that they drove for too many hours without rest.

An experienced auto accident attorney may also look for skid marks on the pavement at the crash scene. If there are no skid marks, this is a possible sign that the driver was asleep at the wheel.

Recoverable Expenses In A Car Driver Fatigue Claim

After a driver fatigue-related car accident, you may seek compensation for various losses and damages. Your auto accident attorney is skilled at estimating your full damages so you receive maximum compensation. Damages may include:

• Medical expenses: Medical bills are often the biggest concern after a severe car accident. This compensation will cover your accident-related medical bills, including ER and ambulance expenses, hospitalization, surgeries, physician appointments, rehabilitation, medications, and other treatments. You also may receive money for future medical expenses, such as for a severe injury requiring months or years of treatment. 
• Lost earnings: If your severe injuries stop you from working, you should receive income for lost earnings. Many injured parties miss extensive work time because of medical care appointments and the inability to work with injuries. You can receive compensation for lost past income as well as future income. Additionally, severely injured parties can receive money for lost earning capacity, which may be appropriate for a permanent injury. 
• Property damage: The fatigued driver may have severely damaged or totaled your vehicle. You should receive enough compensation to repair or replace it. 
• Pain and suffering: Compensation for pain and suffering related to injuries and treatments may be appropriate in many fatigued driver’s claims. This compensation is harder to quantify, and your auto accident lawyer will demand the most payment for your physical and mental discomfort. The severity of injuries, the amount of medical treatments, and the effects on your daily living will influence how much compensation is received. 

Full documentation of your many losses and qualified legal guidance will ensure you maximize compensation for your injuries.

Truck Drivers And Fatigue

One of the most common causes of tractor-trailer accidents is fatigue. Commercial truckers often drive for more than 10 hours straight. They may need to be more relaxed and quick to respond to changing traffic conditions. Trucks also weigh up to 80,000 pounds and take much longer to stop than passenger vehicles.

US law limits the number of hours that truckers can drive their rigs each week. However, many truck drivers may be tempted to drive longer than the allowed time. They may reject the hours of service rules, fake their driving logs, and keep driving.

Trucker fatigue is such a problem that the Federal Motor Carrier Safety Administration (FMCSA) has rules mandating carriers to install electronic monitoring devices in trucks to boost compliance with work hour limits.

A personal injury attorney should help if you suspect a tired truck driver injured you. Truck accident claims are complex, and the insurance company will do everything possible to reduce or deny your claim. A personal injury attorney can determine if driver fatigue was a factor in your truck crash.

For example, the attorney can demand that the trucking company provide the electronic data from the ‘black box’ onboard the truck. The black box may show if the driver engaged in erratic driving before the accident, such as speed or direction changes. These signs can suggest that the trucker fell asleep. Your truck accident attorney can also interview witnesses and the police to learn if they noticed the driver was fatigued.

Holding the trucker and employer liable in a fatigued driver claim is critical. Trucking companies must pay for more insurance than private vehicle drivers. A severe truck crash injury can cost you six or seven figures in losses, and you may need as much compensation as possible. Many parties can be liable in a fatigued truck driver crash, and your attorney will find every liable person or company. Possibly liable parties may include:

• The truck driver.
• The trucking company. It may be vicariously liable for the accident if its employee caused an accident that injured you. However, if the trucker is an independent contractor, you may only be able to sue them. 
• The company that loaded the trailer, if a load problem caused the accident. 
• The truck maintenance company, if a defective part or maintenance problem caused the crash. 
• The truck or part manufacturer, if a product or part defect caused the crash. 

Many potentially liable parties are in a fatigued driver truck crash, but you can rely on a seasoned personal injury attorney to find those responsible.

What Is A Car Driver Fatigue Claim Worth? 

Suppose your auto accident lawyer proves the other driver was tired and caused the accident. What can you expect in compensation? Like any personal injury claim, the compensation available depends on the case factors below:

• Injury severity: The severity of your injuries will largely determine what your fatigued driving claim is worth. A catastrophic injury, such as paralysis, is worth more than whiplash or a broken bone. 
• Medical expenses: More severe injuries have higher medical expenses. For example, the initial care cost of a paralysis injury is hundreds of thousands of dollars, and ongoing care can cost millions in the future. On the other hand, a broken bone, while a severe injury, may heal fully within a few months or a year, so the medical expenses will be lower. 
• Insurance available: You can have $100,000 in damages for your claim, but you may not collect the full amount if the driver has only $20,000 of coverage. A car accident attorney will find out about every possible insurance policy that can compensate you. Some drivers can have auto insurance, homeowner’s insurance, and other policies that may be on the hook. 
• Settlement or lawsuit: You might get more compensation in a lawsuit if the jury finds in your favor. However, lawsuits are rife with uncertainty; you can get nothing in compensation. Also, lawsuits take months or even years to unfold. Many accident victims decide to take a settlement, which ensures a certain amount of compensation for their losses. The settlement may be far less than a jury award, but you get money in your pocket. 

Speak To An Auto Accident Attorney Today

Did a fatigued driver injure you in a serious car accident? An auto accident attorney can help you receive money for your lost earnings, medical expenses, mental anguish, and pain and suffering. Speak to a Winchester personal injury attorney in your city today! The consultation is free; you do not pay legal expenses unless you win.