Drowsy driving is a serious problem that causes thousands of accidents every year. According to the National Highway Traffic Safety Administration (NHTSA), nearly 100,000 police-reported crashes involve drowsy driving annually. These crashes result in more than 1,500 deaths and over 70,000 injuries every year in the United States.
The Dangers of Drowsy Driving
Driving while drowsy can be just as dangerous as driving drunk. Fatigue slows reaction time, decreases awareness, and impairs judgment in much the same way that alcohol does. Drowsy drivers may have trouble keeping their eyes open, focusing, keeping their heads up, and maintaining lane position. As a result, drowsy drivers are more likely to be involved in the following types of crashes:
- Running off the road or drifting into another lane
- Failure to stop in time or slow down for traffic, signals, or turns
- Rear-end collisions due to delayed response times
- Head-on collisions due to lane departure
These types of crashes can lead to catastrophic injuries and wrongful death.
Factors Contributing to Drowsy Driving
Some factors that contribute to drowsy driving in Mississippi include:
- Long commutes: Over 31% of Mississippi workers commute 30 minutes or more to work every day. Long commutes contribute to driver fatigue.
- Lack of rest areas: Mississippi has very few rest areas along major highways compared to other states. This gives fatigued drivers fewer opportunities to rest.
- High percentage of shift workers: About 15% of Mississippi workers are shift workers, whose sleep cycles may be disrupted. Disrupted sleep increases drowsy driving risk.
- High poverty rate: Mississippi has the highest poverty rate in the nation. Many residents face financial pressures that can lead to inadequate rest and sleep deprivation.
- Hot climate: High heat and humidity in Mississippi can increase fatigue levels and the desire to sleep.
- High rates of sleep apnea: Mississippi has above average rates of obesity and other health conditions tied to sleep apnea, which increases drowsy driving risk.
Clearly, drowsy driving is a major concern for Mississippi drivers that must be addressed through education, awareness, improved roadways, and enforcement.
Spotting the Signs of Drowsy Driving
It can be challenging to recognize when someone is too tired to drive safely. Drowsy drivers are often unaware of how impaired they have become. Here are some common signs of drowsy driving:
- Yawning frequently or rubbing eyes
- Difficulty remembering the past few miles driven
- Missing exits or traffic signs
- Drifting between lanes or onto rumble strips
- Hitting brakes erratically or delayed braking
- Difficulty maintaining speed and proper following distance
- Wandering, disconnected thoughts or blinking/flashing headlights
If you observe these warning signs in yourself or another driver, it is vital to immediately stop driving and rest until fully alert. Trying to push through fatigue can have deadly consequences.
Liability for Drowsy Driving Crashes
When a drowsy driver causes a crash in Mississippi, they can be held legally liable through civil lawsuits and criminal charges. Those injured by drowsy drivers have legal rights to pursue compensation through personal injury or wrongful death claims.
If a drowsy driver is cited for careless driving, reckless driving, or another traffic offense, that citation can establish legal liability. However, plaintiffs do not necessarily need a citation to prove the driver’s negligence. Other evidence can also be used to demonstrate that the driver failed to act with reasonable care and caution.
To build a strong case, our injury attorneys gather evidence such as:
- Police reports and accident reconstructions
- Medical records documenting injuries
- Eyewitness statements
- Video footage or photographs from crash scene
- Receipts and invoices for damaged property
- Records of missed work due to injuries
- Data from the vehicle’s black box
- Evidence of lack of sleep or fatigue
In terms of financial compensation, plaintiffs may be able to recover damages for:
- Medical expenses, both current and future
- Lost income and reduced earning capacity
- Property damage
- Pain and suffering
- Loss of companionship or consortium
If negligence by a drowsy driver resulted in a wrongful death, surviving family members can file a lawsuit seeking compensation for funeral costs, loss of financial support, loss of inheritance, and loss of companionship.
Special Rules for Commercial Drivers
Truck drivers and other commercial drivers are held to higher standards when it comes to drowsy driving. Federal regulations strictly limit the hours commercial drivers may be on duty and driving. If a trucker or bus driver chooses to violate hours of service rules and drive while fatigued, they can face additional civil and criminal liability.
Trucking companies also have a responsibility to ensure their drivers follow hours of service rules and do not drive while exhausted. If a truck crash is linked to driver fatigue, the motor carrier may face vicarious liability due to negligent hiring, training, or scheduling. Our attorneys thoroughly investigate motor carriers to determine if their safety lapses played a role.
Challenges in Drowsy Driving Claims
While drowsy driving can often be proven as a crash cause, there are some challenges that commonly arise:
- Lack of objective evidence – Unlike drunk driving, there is no definitive test for drowsiness. Crash reconstructions, eyewitness testimony and other circumstantial evidence must be used.
- Reluctant defendants – Drowsy drivers rarely admit they fell asleep at the wheel voluntarily. Their denial of fatigue often must be disproven through thorough investigation.
- Apportionment of fault – In some cases, plaintiffs may bear partial fault for getting in the car with a visibly tired driver or not demanding a rest stop. Their comparative fault could reduce damage awards.
- Limited insurance coverage – Many drowsy drivers have minimal liability insurance coverage that gets exhausted quickly. This can cap compensation unfairly. Our attorneys strive to identify all possible insurance sources.
While these challenges exist, our experienced attorneys know how to build the strongest case possible against drowsy drivers or companies responsible for fatigued driving. We have a proven track record of overcoming these hurdles to deliver maximum compensation for crash victims and their families.
Our Commitment to Justice
At Monge & Associates, our personal injury attorneys have seen the devastation that drowsy driving can cause. We have represented numerous victims of fatigue-related crashes throughout the state. Our legal team is prepared to build strong cases against negligent drowsy drivers and hold them fully accountable.
If you lost a loved one or suffered harm due to a drowsy driver in Mississippi, contact us for a free consultation on (888) 477-0597 to learn more about your legal rights and options. With 32 offices in 19 states, including Mississippi, Maryland, and Ohio, we will fight to achieve the maximum compensation you deserve. Let us put our decades of experience to work for you.