You probably drive daily, so it is simple to fall into autopilot. But when you drive when exhausted, you endanger yourself and others. Consider driving while fatigued as being similar to driving while intoxicated in that both affect your quick decision-making and reaction capacity. Like drunk driving, fatigued driving can result in collisions that may leave you injured and entitled to compensation. Contact the Law Office of James T. Ponton, LLC following a driving while fatigued.
What Constitutes Drunk Driving?
Driving while tired does not merely refer to getting behind the wheel after pulling an all-nighter. Perhaps you simply had a bad night’s sleep or are under the weather. Maybe dealing with a distressing situation has left you feeling emotionally spent.
Due to a natural break in the body’s rhythm, the National Highway Traffic Safety Administration (NHTSA) even specifies late afternoon as a time renowned for drowsy-driving crashes. In other words, being sleepy in any way can impair your ability to drive.
Factors at Risk for Dozing Off at the Wheel
The Centres for Disease Control and Prevention (CDC) lists numerous individuals who are more susceptible to driving while fatigued, including:
- drivers of commercial trucks
- bus operators
- Graveyard shift-shifting drivers
- drivers who just finished long shifts
- sleep-related disorders in drivers
- drivers who are taking drowsy-causing medicines
In order to avoid driving when tired, commercial drivers must follow hours-of-service rules.
Driving Fatigue Warning Signs
Before getting behind the wheel, drivers must be aware of their limitations. This entails being aware of the warning signals of drowsy driving.
The NHTSA and CDC advise:
- Considering signs: A driver should stop if driving over the rumble strip causes them to become more aware of their surroundings.
- Keeping an eye out for micro naps: In certain situations, drivers may nod off for brief periods of time. Even a brief period of microsleep might be quite harmful.
- Not swaying: A driver needs to pull over if they can not stay in their lane because they are nodding off.
- Noting their travel plans: Driving while fatigued may result in missing an exit or losing track of the final few minutes of the drive.
While not Illegal, Drowsy Driving is Negligent.
Driving when drowsy is analogous to driving while intoxicated. However, enforcement is not as strict. Personal injury lawsuits and insurance claims are handled independently of criminal proceedings. Your civil lawsuit against the motorist is separate, even if criminal charges are associated with the collision.
This is so because negligence, rather than breaking the law, is what civil cases are predicated on. Therefore, you must file a second lawsuit against the at-fault motorist with a claim for damages.