Drowsy Driving Accidents

Driving when you’re suffering from severe fatigue is not only a challenge, it’s extremely dangerous for everyone on the road. According to the New York DMV, driver fatigue was a factor in more than 3,600 crashes statewide in a single year. Drowsy driving mimics many of the dangers of drunk driving, such as slowing drivers’ reaction times and making it difficult to focus. Nodding off for just a few seconds is long enough for a driver to drift into nearby vehicles or oncoming traffic, causing devastating injuries and leaving drowsy driving accident victims with expensive medical bills.

Attorney Scott C. Gottlieb wants to help if you have been seriously injured in an accident caused by someone who was drowsy or falling asleep while driving. Our team has spent nearly 40 years helping injured car accident victims recover fair compensation for the harm they’ve endured. We know what it takes to build a strong case and fight for the money you need from insurance companies.

Contact Scott C. Gottlieb, Injury Law Attorney, today for your free consultation with a Binghamton car accident attorney.

The Dangers of Drowsy Driving

Drowsy driving is dangerous for many reasons, and it happens with disturbing frequency. Research from the Centers for Disease Control and Prevention indicates that about one in every 25 drivers nationwide reports they have fallen asleep at the wheel during the past 30 days. This is frightening data, as the dangers of drowsy driving include:

• Delayed reaction times – Being able to respond quickly in an emergency requires you to be alert and focused when you’re behind the wheel. When a driver is suffering from severe fatigue, their reaction times decrease dramatically, making it that much harder for them to avoid another driver or some other obstacle that could cause an accident.
• Higher stress levels and increased irritability – You’ve probably noticed that when you’re tired, you get angry more quickly and find yourself more irritated by people around you. This is a dangerous mindset for drivers to find themselves in, as it may make them more likely to engage in aggressive or dangerous driving behaviors that could cause a crash.
• Impaired judgment – Recognizing and responding to a hazard on the road is much harder when you’re drowsy. If you can’t recognize that you’re in danger, you can’t take steps to avoid a crash.
• Drifting – Staying within your traffic lane is a critical component of safely handling a car. When you’re fatigued, it’s easy to lose focus and find yourself drifting. This could lead to a sideswipe accident if a driver hits another vehicle next to them, or they might suddenly overcorrect and lose control after jerking their car back in the correct lane.
• Falling asleep while driving – This is the most obvious and extreme danger of drowsy driving. If a driver falls asleep at the wheel, they could drift into other lanes, run off the road entirely and hit a pedestrian, or cruise through an intersection and collide with another vehicle. All of these are dangerous outcomes.

New York State Drowsy Driving Laws

Strictly speaking, there’s no law against drowsy driving in New York, although lawmakers have tried to pass legislation in the past. However, that does not mean you cannot hold a driver liable if they caused an accident because they were drowsy.

While drowsy driving may not be a crime, it can be considered a form of negligence in personal injury cases. In broad terms, someone is deemed negligent if they fail to take reasonable steps to prevent another party from being injured in an accident. Drivers should recognize when they’re too tired to drive and the potential dangers of getting behind the wheel without sufficient rest.

New York is a no-fault insurance state, which means accident victims typically turn to their own insurance to cover their medical expenses and lost wages following an accident. However, if you suffered serious injuries and you can prove another driver’s fatigue caused the accident, you can potentially demand compensation for your injuries under New York’s negligence laws.

Types of Drowsy Driving

There are generally five main causes of drowsy driving, which include:

• Lack of sleep – The most common and basic cause of drowsy driving is when a driver simply has not gotten enough sleep before getting behind the wheel. Research from the Sleep Foundation shows that going more than 20 hours without sleep affects your driving ability to roughly the same degree as driving with a blood-alcohol content level of 0.08 percent, the legal limit in New York.
• Sleep disorders – People with certain sleep disorders, such as sleep apnea, may experience severe fatigue even after getting what seems like a full night’s sleep. This may lead them to believe they are more rested than they really are.
• Prescription medications – Certain medications, such as sleep aids, painkillers, and some allergy drugs, cause users to experience intense drowsiness, even if they’ve had a good night’s sleep. For this reason, always read the labels on your prescriptions and over-the-counter medicines carefully to make sure you aren’t driving while drowsy.
• Alcohol and drugs – Alcohol and certain narcotics are depressants, meaning they lower your energy level and can cause fatigue. A driver abusing drugs or alcohol is much more likely to fall asleep at the wheel and hurt someone.
• Driving for long periods – Individuals who drive for hours at a time may start to experience fatigue and drowsiness due to the monotony of staring at the road and remaining in the same position for so long.

Signs You May Be Too Tired to Drive

A few of the common signs of drowsy driving include:

• Trouble keeping your eyes open or repeated yawning – If you can’t keep your eyes open, you can’t see what’s happening in front of you.
• Experiencing microsleep – Even if you slip into sleep for mere seconds, that’s long enough to veer off the road or into another vehicle.
• Difficulty remembering the last few minutes of driving – Short-term memory issues are a common sign of fatigue.
• Missing turns or road signs – Fatigue affects our concentration and ability to focus, making it more likely that you’ll miss a sign on your route.
• Difficulty maintaining your speed – Drowsy drivers may inadvertently accelerate or ease off on the gas without realizing what’s happening.
• Drifting outside of your lane – If you can’t stay within your traffic lane due to fatigue, get off the road immediately before you hurt yourself or someone else.

Proving Fault in a Fatigues Driving Accident

Because there’s no blood test for drowsy driving like there is for drunk driving accidents, it can be difficult to prove a driver was fatigued at the time of a crash. However, an experienced drowsy driving car accident lawyer may be able to gather evidence that can support your case, such as:

• Police accident reports
• The driver’s medical history and medication records
• Photos, videos, or other evidence from the crash scene
• Eyewitness accounts
• Your own testimony
• Opinions from expert witnesses, such as accident reconstruction engineers
• Lack of skid marks, which could indicate the driver didn’t see the crash coming
• The driver’s cell phone and GPS records, which may indicate how long they’ve been on the road
• Social media history, which may shed light on the driver’s recent activities
• The driver’s work schedule, which may indicate whether they lacked sleep

How Scott C. Gottlieb Can Help

Attorney Scott C. Gottlieb can help if you’ve been involved in an accident with a fatigued driver. Our team knows how to conduct a meticulous investigation and search for the evidence you need to show a driver was too tired to safely handle their vehicle. We can handle the whole claim, including your property damage, no-fault benefits, medical expenses, and lost wages. We’ll negotiate skillfully on your behalf with the insurance company to secure the compensation you deserve. We’re not afraid to take your case to court if the insurance company fails to make a reasonable offer.

Would you like to know more about how we can help you after a drowsy driving accident? Contact Scott C. Gottlieb, Injury Law Attorney, today for a free initial consultation.