Falling asleep at the wheel due to fatigue in a California personal injury case is a serious issue that can create clear liability for the at-fault driver. California courts recognize driver fatigue as a form of negligence, and sometimes even gross negligence, depending on the circumstances.
đź”· 1. Fatigued Driving = Negligence
In California, all drivers owe a duty of reasonable care to others on the road. Choosing to drive while overly fatigued — especially to the point of falling asleep — breaches that duty.
Key Point:
A fatigued driver who falls asleep at the wheel has almost always acted negligently, especially if there were warning signs (e.g., long hours, drowsiness, nodding off).
This means:
- If they cause an accident, they are liable for injuries and damages to others.
- Fatigue doesn’t excuse responsibility — it proves it.
đź”· 2. Negligence vs. Gross Negligence
- Negligence: Driver knew or should have known they were too tired to drive safely.
- Gross negligence: Driver knowingly took the wheel despite extreme fatigue or violating rest rules (e.g., a commercial driver ignoring rest breaks).
In gross negligence cases, the injured party can potentially recover punitive damages.
đź”· 3. Comparative Fault Still Applies
Under California’s pure comparative negligence rule, if the injured person also acted negligently (e.g., wasn’t wearing a seatbelt or made an unsafe maneuver), their compensation may be reduced.
Example:
- Drowsy Driver A falls asleep and crashes into Driver B.
- Driver B was speeding or texting.
- A jury could assign 90% fault to Driver A, 10% to Driver B — damages would be reduced accordingly.
đź”· 4. Evidence to Prove Fatigue-Related Negligence
Strong evidence is key in fatigue-related cases, since there’s often no direct “proof” of someone falling asleep unless they admit it or show obvious signs.
Helpful evidence:
- Driver admission (to police, insurer, or in deposition)
- Witness statements (observing erratic driving, nodding off)
- Police report (often includes “suspected drowsy driver”)
- Crash reconstruction (e.g., no braking before impact)
- Surveillance or dashcam video
- Cell phone and work logs (for commercial drivers)
- Toxicology report (to rule out alcohol/drugs as a factor)
đź”· 5. Damages You Can Claim
If you are the victim of a fatigue-related crash, you may seek:
- Medical expenses
- Lost wages and loss of future earning capacity
- Property damage
- Pain and suffering
- Punitive damages (in egregious fatigue or commercial cases)
đź”· 6. Special Rules for Commercial Drivers
- Truck and bus drivers are subject to strict Hours-of-Service (HOS) rules under FMCSA and California regulations.
- Violating these rules and causing a crash can lead to:
- Employer liability
- Gross negligence claims
- Regulatory fines
This opens the door to corporate liability, higher damages, and broader insurance coverage.
âś… Legal Strategy for Victims
- Use fatigue as a central theory of negligence.
- Gather objective and circumstantial evidence to show the driver was unfit to drive.
- Consider adding gross negligence or punitive damages if the fatigue was extreme or willful.
Would You Like Help With:
- Drafting a complaint that includes allegations of fatigue or sleep deprivation?
- Preparing a settlement demand letter?
- Responding to an insurance adjuster denying fault?
Law Offices of James R. Dickinson – 909-848-8448
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