A motor vehicle accident caused by a tired driver is a serious breach of a driver’s responsibility to keep others on the road safe. Drowsy driving, a form of car driver fatigue, impairs judgment and reaction time, similar to driving under the influence of alcohol, and the consequences can be devastating.
Research shows that after just 17 hours of being awake, a person’s impairment level is equivalent to a blood alcohol content (BAC) of 0.05%. After 20 to 21 hours without sleep, that impairment mirrors a 0.08% BAC—the legal limit for drunk driving in the U.S.
Proving that drowsiness caused the crash presents unique challenges, as there is no roadside test for fatigue. A driver will not face a chemical test that measures their level of exhaustion. Instead, building a strong claim requires a different kind of investigation, one that looks at the circumstances surrounding the collision to piece together what happened. A skilled Bakersfield car accident lawyer can help uncover the truth and hold the negligent driver accountable.
If a fatigued driver in Bakersfield has injured you or a loved one, contact the Law Offices of Mickey Fine. We understand how to protect the rights of the injured because we have been handling personal injury cases for years. For a free, no-obligation consultation, call us at (661) 333-3333.
How Widespread is the Problem of Drowsy Driving?
While many people recognize the risks of drunk or distracted driving, the peril of car driver fatigue is not always given the same level of attention, despite its equally destructive potential.
A National and Local Crisis
Driver fatigue is a major factor in collisions across the country, with data showing a disturbing upward trend in related incidents. The National Highway Traffic Safety Administration (NHTSA) estimates that in a single recent year, 91,000 police-reported crashes involved drowsy drivers, leading to approximately 50,000 injuries and nearly 800 deaths. In one recent year alone, 684 people were killed in crashes known to involve a drowsy driver. These numbers, though high, are widely believed to be an underestimate. The reason for this is the difficulty in definitively identifying drowsiness as the cause of a crash unless the driver admits it.
There is no test like a breathalyzer for sleepiness, so crash investigators must rely on other clues that are not always available or conclusive. This means the true toll of drowsy driving on our communities is likely much higher than official reports suggest.
Who is Most at Risk?
While any driver can become fatigued, certain groups are at a higher statistical risk of being involved in these types of accidents.
- Commercial truck drivers: Long hours on the road, demanding schedules, and the monotonous nature of highway driving create a significant risk. Federal regulations exist to limit their hours, but violations are not uncommon.
- Shift workers: Those who work overnight, rotating, or irregular schedules frequently have their natural sleep patterns (circadian rhythms) disrupted. This makes it difficult to get the restorative sleep needed for safe driving.
- Young drivers: Drivers under the age of 25, particularly males, are statistically more likely to be involved in drowsy driving crashes. This is attributed to a combination of lifestyle factors, inexperience, and a higher propensity for risk-taking.
- People with untreated sleep disorders: Conditions like sleep apnea, which causes breathing to repeatedly stop and start during sleep, can lead to extreme daytime drowsiness and a much higher crash risk.
When and Where These Accidents Typically Happen
Collisions involving drowsy drivers most frequently happen during two specific time windows. These are periods when the body’s internal clock, or circadian rhythm, naturally causes a dip in alertness:
- Between midnight and 6 a.m.
- In the late afternoon.
These incidents are particularly common on highways and rural roads. The long, monotonous stretches of road can have a hypnotic effect, lulling a tired driver into a state of reduced alertness or even a brief “microsleep.” A microsleep can last just a few seconds, but at highway speeds, a car can travel the length of a football field in that time—more than enough distance for a tragedy to unfold.
Does California Law Treat Drowsy Driving as Negligence?
When you are injured by a drowsy driver, the path to compensation lies in the legal concept of negligence. While you may not see a law that uses the exact phrase “drowsy driving,” the act of driving while dangerously tired is a clear violation of a driver’s fundamental responsibilities under California law.
Understanding the Legal Standard: The Duty of Care
In California, every person is legally required to use reasonable care to prevent harming others. In the context of driving, this is called the duty of care. It means every driver who gets on the road has an obligation to operate their vehicle safely. This includes being alert, sober, and attentive.
Getting behind the wheel while knowingly sleep-deprived is a violation of this duty. A person’s failure to use reasonable care is the foundation of negligence. In simple terms, a reasonable person would know that driving while excessively tired is dangerous. An individual who ignores the clear warning signs of fatigue—such as heavy eyelids, frequent yawning, or drifting from their lane—and continues to drive is acting negligently. Their decision to endanger others forms the basis of a personal injury claim.
How Does California Vehicle Code Apply?
A driver who causes an accident due to extreme fatigue could potentially be cited for reckless driving. California Vehicle Code § 23103 defines reckless driving as operating a vehicle with a “willful or wanton disregard for the safety of persons or property.”
A prosecutor could argue that the act of driving while knowing you are on the verge of falling asleep meets this standard. Such a charge is a misdemeanor and carries penalties including fines and jail time. Proving this requires showing that the driver was aware of the risk and consciously ignored it.
Establishing Proximate Cause in Your Case
To succeed in a personal injury claim, it is not enough to show the other driver was negligent. We must also demonstrate that their negligence was the direct cause of the accident and your resulting injuries. This legal connection is known as proximate cause.
This means we must draw a clear line from the driver’s fatigue to the collision and then to the harm you suffered. For example, we might work to show that because the driver was exhausted, they failed to brake, drifted into your lane, or ran a red light, and that this specific action led to the crash that caused your broken bones, whiplash, or other injuries.
Building a Case: How Can You Prove the Other Driver Was Fatigued?
Proving a driver was drowsy is the most challenging aspect of a case involving car driver fatigue. Building a persuasive case depends on gathering a collection of circumstantial and direct evidence. Each piece of information acts like a tile in a mosaic, and when put together, they create a clear picture of negligence.
Evidence from the Accident Scene
The first clues often emerge in the moments and hours right after the collision.
- Driver’s Statements: Admissions from the at-fault driver are some of the strongest pieces of evidence. Statements like, “I was so tired,” “I must have dozed off,” or “I’ve been on the road for 12 hours straight” are direct admissions of fatigue. These statements might be made to you, to the police, or to paramedics.
- Lack of Skid Marks: Fatigued drivers frequently fail to take any evasive action before a crash. Their reaction time is so impaired that they may not hit the brakes or swerve at all. The absence of skid marks at the point of impact can strongly suggest the driver was not alert enough to perceive the impending danger.
- Eyewitness Testimony: Other people may have seen the moments leading up to the collision. Another driver, a pedestrian, or a passenger in another vehicle might have noticed the car drifting between lanes, driving at an inconsistent speed, or the driver’s head nodding.
The Formal Discovery Process
Once a lawsuit is filed, we gain access to legal tools that allow us to gather evidence that is not publicly available. This phase, known as discovery, is where a case is often won or lost. We can formally demand information and documents from the other side.
- Requesting Log Books or Work Schedules: This is particularly relevant for commercial drivers. The Federal Motor Carrier Safety Administration (FMCSA) has strict Hours of Service regulations that limit driving time and mandate rest periods. We can demand the driver’s electronic logging device (ELD) data or paper logbooks to check for violations. For other shift workers, we request time cards and work schedules to establish a pattern of sleep disruption.
- Obtaining Receipts and GPS Data: A person’s journey leaves a data trail. We can subpoena records like gas station, food, or toll receipts to create a timeline. This can show that a driver covered a vast distance over an unreasonably long period without any significant breaks for rest. GPS data from their vehicle or phone can serve a similar purpose.
- Taking Depositions: A deposition is a formal, out-of-court session where we question the at-fault driver under oath. We will ask detailed questions about their sleep schedule in the 24 to 72 hours before the accident, their activities, what they ate or drank, their work hours, and any medications they were taking. Their answers, given under penalty of perjury, may reveal inconsistencies or directly support the claim of fatigue.
Using Expert Witnesses
In some complex cases, bringing in an expert provides the authoritative opinion needed to solidify the link between fatigue and the crash.
For instance, a sleep medicine professional can review the driver’s work schedule, deposition testimony, and other evidence to offer a medical opinion on whether it was likely the driver was dangerously fatigued. An accident reconstructionist can analyze the physical evidence from the crash—such as the lack of skid marks and the angle of impact—to conclude that the collision is consistent with one caused by an asleep or inattentive driver.
Frequently Asked Questions About Drowsy Driving Accidents
Can I Be Found Partially at Fault If I Was Also a Little Tired?
It’s possible. But as mentioned, it’s not enough to prove that an individual was tired. You have to directly prove that it was this tiredness that caused the accident. It may be that you were indeed tired, but that this did not contribute at all to the accident.
Regardless of what actually happened, know that California operates under a comparative negligence rule. In simple terms, this means that your final compensation award can be reduced by your percentage of fault. For example, if a jury determines you were 10% at fault for the accident, your total compensation would be reduced by 10%.
Because of this rule, it is best not to admit any level of fault or fatigue to anyone at the scene, including the other driver or their insurance company. They will look for any reason to put some of the blame on you. Discuss the details of the incident only with your attorney.
What if the Fatigued Driver Was Operating a Company Vehicle?
If the at-fault driver was on the clock and performing job duties at the time of the crash, their employer could also be held liable for your injuries. This legal doctrine is known as “respondeat superior,” which is a Latin phrase meaning “let the master answer.” Under this principle, employers are held responsible for the negligent actions of their employees when those actions occur within the scope of their employment. This can be a significant factor in a case, as an employer may have greater insurance coverage and assets to cover your damages.
Is There a Deadline to File a Claim in California?
Yes, and the deadlines are strict. For most personal injury claims in California, you have two years from the date of the accident to file a lawsuit. However, a much shorter deadline applies if a government entity (like a city, county, or state agency) is a potential defendant. In those cases, you must typically file a formal claim with the government agency within just six months of the incident. Failing to meet these deadlines will almost certainly result in your case being dismissed. This is why it is all the more important to get legal assistance immediately.
Take the First Step Toward Holding a Negligent Driver Accountable
The choice of another person to drive while tired is a negligent act, and you should not be forced to bear the resulting burdens alone.
The team at the Law Offices of Mickey Fine is ready to handle the legal challenges of your case, allowing you to focus on the most important thing: your health and recovery. As an experienced personal injury lawyer in Bakersfield, we will conduct a thorough investigation, gather the necessary evidence to prove the other driver’s fatigue, and pursue the maximum compensation available under California law.
Do not wait for critical deadlines to pass. Call us today at (661) 333-3333 for a confidential, no-cost discussion about your case.