Drowsy driving is an overlooked threat that comes with risks comparable to drunk or distracted driving. Individuals who deal with fatigue may have difficulty reacting to other road users or obstacles. Authorities and safety advocates warn drivers about the importance of recognizing signs and encourage good sleep hygiene to minimize the likelihood of car crashes.
Despite efforts, drowsy driving continues to cause thousands of preventable accidents each year. If you were injured due to a fatigue driver, you may be entitled to recover compensation. At West Coast Trial Lawyers, our legal team is readily available to protect your rights and help you pursue accountability to ensure you secure the best possible outcome.
We operate under a contingency-fee basis, meaning you do not owe us anything unless we win your case. To book a FREE consultation, you can reach out to us by calling (213) 927-3700 or completing our quick online contact form.
What Is Considered Drowsy Driving?
Drowsy driving occurs when an individual is operating a vehicle while being sleep deprived, fatigued, or too tired to remain alert. This undermines safe driving practices and can raise the likelihood of car accidents. The reason being is driver sleepiness can cause lapses in attention, like drifting out of lanes or missing traffic signals, thus creating dangerous conditions that can not only harm the vehicle operator, but others nearby, as well.
Why Is Drowsy Driving Dangerous?
Drowsy driving is dangerous as it can significantly affect a personโs ability to operate a vehicle safely. In 2014, more than one-third of 444,306 adults in the U.S. shared that they have less than seven hours of sleep per night. Similarly, the 2017 AAA Traffic Safety Culture Index discovered that 42.4 percent of 2,613 surveyed drivers averaged less than six hours of sleep on weeknights. These all fall below the minimum number of hours recommended by the Centers of Disease Control and Prevention (CDC).
According to the Sleep Foundation, fatigue will impair the brain in a similar way to driving drunk. Being awake for 18 hours can affect your driving ability as much as a blood alcohol content (BAC) of 0.05 percent. And after 20 hours, drowsy drivers may cause impairment on a level equivalent to a 0.08 percent BAC, which is the legal limit for alcohol consumption in California.
How Many Crashes Involve a Drowsy Driver?
It is challenging to determine the exact number of crashes involving a drowsy driver
largely because it is hard to figure out whether the vehicle operator was fatigued at the time of the impact. While crash investigators may pinpoint certain factors that suggest such driving, like inadequate skid marks or driving while alone, these clues can be inconclusive.
The NHTSA relies on police crash reports and hospital records to provide an estimated number of drowsy driving accidents. Based on these details, the organization stated that a total of 91,000 police-reported accidents involved drowsy drivers in 2017. This led to approximately 50,000 people injured and nearly 800 deaths.
However, experts in traffic safety, sleep science, and public health mutually agree that these figures significantly underestimate the actual scale of the problem. The inability to precisely detect drowsy driving after car crashes has contributed to an inaccurate reflection in official data.
Why Am I So Drowsy When Driving?
Feeling drowsy while driving could be due to a combination of:
- Sleep deprivation
- Biological rhythms
- Health conditions
- Environmental influences
The most common issue is inadequate sleep. According to the CDC, adults need at least 7 hours of rest per night. Even mild sleep loss can affect your reaction time and decision-making skills, making it much more dangerous for you to be on the road. In addition, undiagnosed sleep disorders, such as sleep apnea or insomnia, can result in persistent fatigue. If left untreated, you could be putting yourself at constant risk of getting into motor vehicle crashes.
What Should a Driver Do if They Feel Drowsy?
If you start feeling drowsy while driving, it is important to act quickly. Do not rely primarily on willpower or stimulants. While drinking coffee or energy drinks can boost your awareness, they are not necessarily a cure for driver fatigue. The effects they give off are temporary, and may give you a false sense of being highly alert of your surroundings.
In cases where you are experiencing serious sleep deprivation, even after caffeine consumption, you could still deal with “micro sleeps,” which are brief involuntary episodes of sleep that can last for four or five seconds. At a speed of 55 mph, that means you would be traveling more than 100 yards down the road while asleep. That is more than enough time for a drowsy driving crash to occur.
Try to drink one to two cups of coffee and pull over to a safe location for a short 20-minute nap in your car. Be sure to comply with local ordinances when doing so. Scientific studies have shown that this can help improve alertness, but the benefits are short-lived and are not really a substitute for real sleep.
How Tired Is Too Tired to Drive?
There is no exact test, like a breathalyzer, to measure fatigue. However, there are some clear warning signs to help you determine whether you feel tired driving. This includes the following symptoms:
- Constant yawning or blinking
- Difficulty focus or keeping your eyes open
- Drifting in and out of your lane
- Unintentionally exceeding the speed limit due to lack of awareness
- Missing exits, traffic signals, or road signs
- Irritability or zoning out
When in doubt, do not drive if you are dealing with harsh fatigue-related symptoms. Switch drivers, if possible. You could also postpone your trip and prioritize adjusting your bedtime routine instead to improve your sleep cycle.ย
What Happens if You Get Pulled Over for Drowsy Driving?
Drowsy driving is not explicitly illegal in most states, including California. But, you can still be met with legal consequences if your fatigue contributes to a serious or fatal collision. Law enforcement officers have the ability to observe dangerous driving behavior on the road, and if they notice you operating a vehicle erratically, drowsiness can be treated as a safety risk.
If you get pulled over for suspected drowsy driving, you may receive a series of questions about your alertness, sleep schedule, or if you are currently on any medication. During your conversation, the police will observe for signs of impairment, like slurred speech or slow responses. You could be asked to exit the vehicle if you pose a threat to public safety. A warning or citation may be issued depending on the circumstances involved.
Can You Be Charged for Falling Asleep While Driving?
You can be charged for falling asleep while driving, especially if it contributes to unsafe conduct on the road that leads to property damage or an accident. While there is no specific law that criminalizes this action, individuals who do this can be charged under broader traffic offenses.
In California, for instance, if you fall asleep behind the wheel and crash into another vehicle, you could be cited under CVC 23103 for reckless driving. This is considered a misdemeanor offense. Financial penalties may include:ย
- A fine between $145 to $1,000 (in addition to court costs and penalty assessments)
- Jail time will be up to 90 days depending on the intensity of the impact
- Both that fine and imprisonment
What if Someone Died in a Drowsy Driving Accident?
Now, if you fell asleep while driving and killed someone as a result, you could face legal consequences under PC 192(c)(1) for vehicular manslaughter with gross negligence. This is considered a wobbler, meaning that it may be charged as a misdemeanor or a felony depending on the circumstances surrounding the offense and your criminal background. If charged as a misdemeanor, penalties may include:
- Summary probation
- Up to one year in county jail
- A fine of up to $1,000
If charged as a felony, the following may apply:ย
- Felony probation
- A state prison sentence for 2, 4, or 6 years
- Up to a $10,000 fine
If prosecutors believe you were only negligent, your case may fall under ordinary vehicular manslaughter (PC 192(c)(2)). This is a misdemeanor, and the potential punishments you may face include the following:
- Summary probation
- Up to one year in county jail
- A fine of up to $1,000
What States Have Drowsy Driving Laws?
Most states, including Washington, Nevada, and Arizona do not have any standalone laws that specifically cover drowsy driving. However, they can still punish drivers for operating a vehicle while fatigued if they are exhibiting unsafe behavior, or are causing collisions or fatalities:
- Arizona: Drowsy drivers can be cited or charged under reckless driving (ARS 28-693), excessive speeding (ARS 28-701), and negligent homicide if such behavior leads to a death (ARS 13-1103).
- Nevada: Sleep deprived individuals who operate a vehicle may be issued a reckless or aggressive driving violation (NRS 484B.653 & 484B.650). If fatal crashes occur, the following charges may apply: vehicular manslaughter (NRS 484C.130) or involuntary manslaughter (NRS 200.070 & 200.090)
- Washington: A fatigue driver can face legal consequences if they are exhibiting reckless driving (RCW 46.61.500) or negligent driving in the second degree (RCW 46.61.525). If a deadly car accident happens due to drowsiness, prosecutors may charge you with vehicular homicide (RCW 46.61.520).
Injured in an Accident with a Drowsy Driver? Schedule a FREE Case Evaluation Today
If you sustained a serious injury in an accident because of a drowsy driver, you may be eligible to seek damages. At West Coast Trial Lawyers, our team can assess your case, gather evidence, and establish fault. From there, we will help you develop a strong claim and negotiate with the insurance companies to get you the compensation you deserve.
To set up a FREE consultation, you can get in touch with us by calling (213) 927-3700 or filling out our easy online contact form.
Frequently Asked Questions About Drowsy Driving Accidents
