Falling asleep at the wheel due to fatigue is a significant cause of accidents on the road, and in California personal injury cases, it can be a key factor in determining liability for an accident. Drowsy driving, or driving while fatigued, is considered negligent driving, and in some cases, can rise to the level of reckless driving if it is deemed willful disregard for the safety of others.
Here’s a breakdown of how falling asleep at the wheel due to fatigue impacts a California personal injury case:
Legal Implications of Falling Asleep at the Wheel:
- Negligence:
- Negligence occurs when a driver fails to exercise the level of care that a reasonable person would use under the same circumstances. In California, a driver is expected to be sufficiently alert and aware while driving, and falling asleep at the wheel is a clear failure to meet this standard.
- Drowsy driving is widely recognized as a form of negligence. A driver who is too tired or fatigued to drive safely is responsible for ensuring that they are capable of operating the vehicle before getting behind the wheel. If a driver falls asleep at the wheel and causes an accident, the driver can be held liable for negligence.
- California Vehicle Code:
- While California does not have a specific law that directly prohibits driving while fatigued, it is treated as part of the broader concept of negligent driving or reckless driving.
- California law does require drivers to maintain full control of their vehicles and be attentive at all times. Falling asleep at the wheel clearly violates this requirement, and it can be used as evidence of negligence in a personal injury case.
- Reckless Driving:
- In certain cases, falling asleep at the wheel may rise to the level of reckless driving, especially if the driver had a history of drowsy driving or ignored clear warning signs that they were too tired to drive safely (e.g., frequent yawning, difficulty keeping eyes open, or drifting into other lanes).
- Reckless driving involves a willful disregard for the safety of others, and falling asleep at the wheel could be seen as an extreme form of negligence, especially if the driver has a history of driving while fatigued.
- Causation and Liability:
- In a personal injury case, causation refers to whether the defendant’s actions (or lack of actions) directly led to the accident and resulting injuries.
- In cases involving falling asleep at the wheel, the plaintiff (injured party) must show that the driver’s fatigue was a proximate cause of the accident. For example, if the driver veered off the road and collided with another vehicle after falling asleep, the accident could be directly traced to the driver’s failure to stay awake and alert.
- If the injured party can prove that drowsy driving was the primary cause of the accident, they may be entitled to compensation for their medical bills, lost wages, pain and suffering, and other damages.
- Negligence Per Se:
- Negligence per se refers to when a violation of the law is automatically considered negligence. While there isn’t a specific law in California that makes falling asleep at the wheel an automatic violation, if the accident occurs due to the driver being fatigued, it can be argued that they violated the legal duty to drive safely.
- Fatigue-related accidents often involve the failure to exercise reasonable care while operating a vehicle, making the driver liable for negligence in a personal injury claim.
- Insurance Considerations:
- If a driver falls asleep at the wheel and causes an accident, their auto insurance may cover the damages. However, if the insurance company determines that the driver’s fatigue was due to reckless driving (e.g., they ignored the signs of fatigue and chose to keep driving), the insurance company might argue that the driver was engaging in behavior not covered by the policy.
- Additionally, the driver’s insurance may try to argue comparative fault if the injured party was also partially responsible for the accident (e.g., speeding or not paying attention), but the primary liability will likely rest with the drowsy driver.
Types of Damages in a Personal Injury Case Involving Falling Asleep at the Wheel:
- Medical Expenses:
- You can recover compensation for all medical expenses resulting from the accident, including hospitalization, surgeries, physical therapy, and any future medical care you might need due to your injuries.
- Lost Wages:
- If your injuries prevent you from working, you can claim compensation for lost income. This includes both past wages and future lost earnings if your injuries impact your ability to work long-term or permanently.
- Pain and Suffering:
- Pain and suffering damages compensate for the physical pain, emotional distress, and reduced quality of life resulting from the accident. This can include chronic pain, anxiety, and mental anguish caused by the accident or your recovery process.
- Property Damage:
- You can recover compensation for any property damage resulting from the accident, including the repair or replacement of your vehicle.
- Punitive Damages:
- In cases where the driver’s actions were particularly egregious (for example, if they repeatedly drove while drowsy and caused a serious accident), the court may award punitive damages. These are damages intended to punish the driver and deter others from engaging in similar behavior in the future.
- Loss of Consortium:
- If the accident caused a significant loss in the relationship with your spouse or partner, you may be able to claim loss of consortium damages. This can compensate for the emotional distress and loss of companionship caused by the accident.
Steps to Take After an Accident Involving Fatigue-Related Driving:
- Call the Police:
- Always report the accident to the police, especially if you believe the other driver may have been fatigued or asleep at the wheel. The police will investigate the scene, document the details, and create an official report. If the driver was cited for reckless or negligent driving, it will strengthen your case.
- Gather Evidence:
- Collect as much evidence as possible. This includes:
- Witness statements: If there are any witnesses who saw the driver veering or acting fatigued before the accident, their testimony can be helpful.
- Photos: Take pictures of the accident scene, vehicle damage, skid marks, and anything else that may support your claim.
- Dashcam footage: If you or another party has a dashcam, it may show the driver’s behavior prior to the accident, such as drifting or erratic driving, which could suggest fatigue.
- Collect as much evidence as possible. This includes:
- Seek Medical Attention:
- Even if you don’t feel injured right away, it’s important to see a doctor. Some injuries, such as whiplash, internal injuries, or concussions, may not be immediately apparent but can worsen over time.
- Consult an Attorney:
- A personal injury attorney can help you investigate the circumstances of the accident, including whether the other driver was fatigued, and assist in gathering the necessary evidence. They will also help you navigate the insurance process and pursue compensation for your damages.
- Document Your Losses:
- Keep a record of all medical treatments, lost wages, property damage, and other expenses incurred as a result of the accident. This will help support your claim for compensation.
Defending Against Fatigue-Related Driving:
If you are the injured party in a drowsy driving accident, it’s important to be aware that the defense might argue comparative fault or try to minimize the severity of the situation. The defense could argue that you were partially responsible for the accident due to your own negligence, such as not paying attention to traffic or driving too close to the other vehicle. However, in most cases involving fatigue-related accidents, driver fatigue is a primary factor in causing the crash.
Conclusion:
Falling asleep at the wheel due to fatigue is a serious form of negligent driving that can result in devastating accidents. If you’ve been injured by a driver who fell asleep at the wheel, you may have a valid personal injury claim. The at-fault driver may be held responsible for the damages caused, and you could be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages.
Law Offices of James R. Dickinson – 909-848-8448
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