Most of us are guilty of brushing off tiredness now and then, especially when we’re in a hurry. But driving while drowsy is very hazardous.
Why is drowsy driving dangerous? Because it affects your ability to safely operate a vehicle in ways that aren’t always obvious. Fatigue slows your reflexes, dulls your concentration, and even causes “microsleeps.” During that time, you could miss a red light, veer off the road, or fail to notice stopped traffic ahead. On a highway, a few seconds of unconsciousness can easily mean the difference between a near miss and a fatal crash.
According to the National Highway Traffic Safety Administration (NHTSA), in 2017, 91,000 accidents occurred, with 50,000 injuries and 800 deaths. Since many drivers don’t admit they were tired or even realize how fatigued they were, those figures may only scratch the surface.
At Hunter | Everage, we represent clients whose lives were turned upside down by drivers who chose to ignore the warning signs of exhaustion. If you or someone you love has been affected by a drowsy driving accident in South Carolina, contact our experienced York, SC car accident lawyers.
How Fatigue Affects Driving Ability
When you’re tired, your brain doesn’t function at full capacity. Your reaction times slow down, your ability to focus narrows, and your judgment becomes impaired. Even momentary lapses in attention can lead to devastating outcomes on the road.
Drowsy driving statistics show that being awake for 17 hours straight can affect your driving the same way a blood alcohol concentration (BAC) of 0.05% would. After 24 hours, that impairment increases to the equivalent of a 0.10% BAC.
Microsleeps are brief, involuntary moments of sleep that last only a few seconds. If you’re driving at 60 mph, even a five-second microsleep means you’ve traveled the length of a football field with no control of your vehicle.
Many drivers don’t realize how impaired they truly are until they’re already behind the wheel. Drowsiness can set in gradually, lulling you into a false sense of alertness, until your eyes close for a split second.
Signs You’re Too Tired to Drive
Fatigue doesn’t always hit you all at once, it can creep in slowly, making it dangerously easy to ignore the signs. Here are some common warning signs that you’re too tired to drive safely:
- Frequent Yawning and Blinking: These are your body’s first response to tiredness and a clear signal that your brain is not fully alert.
- Difficulty Focusing: Impaired concentration and a wandering mind are signs that you are not fit to make quick, responsible decisions.
- Heavy Eyelids or Blurred Vision: Struggling to keep your eyes open and experiencing vision issues are dangerous when driving.
- Memory Lapses: Failing to recall the last few miles driven or missing traffic signs or exits indicates that you are driving in a semi-conscious state.
- Restlessness and Irritability: As tiredness sets in, you might find yourself unusually irritable or restless, which can impair your driving judgment.
- Slowed Reaction Times: Fatigue slows your physical and mental reactions, which can be catastrophic if a quick response is needed to prevent an accident.
Legal Consequences of Causing a Drowsy Driving Accident
Driving while tired can be seen as negligent behavior. Negligence is defined as failing to act with the level of care that someone of ordinary prudence would have exercised under the same circumstances. If a driver chooses to drive despite being fatigued, and this decision leads to an accident, that driver can be held liable for negligence.
This liability can include:
- Medical Costs: If the accident results in injuries, the at-fault driver may be responsible for the medical expenses of anyone injured.
- Property Damage: Any damage caused to another person’s vehicle or property must be compensated by the fatigued driver.
- Lost Wages: If the injuries are severe enough to prevent the victims from working, they may claim compensation for lost earnings.
- Pain and Suffering: Victims may also be entitled to compensation for physical pain and emotional distress.
- Criminal Charges: In cases where the consequences of the crash are severe, such as when it results in a fatality or serious injury, the responsible driver could face criminal charges. These charges might include vehicular manslaughter or reckless driving, especially if there is clear evidence that the driver was warned against driving due to fatigue or had gone without sleep for an extended period.
- Insurance Implications: After an accident involving drowsy driving, insurance claims can become complicated. Insurers may view the accident as preventable and down to the driver’s irresponsibility, potentially leading to higher premiums or even denial of coverage for the at-fault driver.
What to Do if You’re Hit by a Drowsy Driver in South Carolina
There are several steps you should take to protect your rights and strengthen any potential legal claim after you’re hit by a drowsy driver in South Carolina. Here’s what to do:
1. Call 911
It’s crucial to get law enforcement on the scene as soon as possible. They will document the accident, which is essential for insurance and legal purposes. Inform the responding officers of your suspicion that the other driver may have been drowsy.
2. Get Medical Attention
Adrenaline can mask injuries in the hours after a crash. It’s always smart to get checked out by a doctor to document any potential injuries, especially if you need to file a personal injury claim later.
3. Gather Evidence
If you’re able, take photographs of the scene, including all vehicles involved, road conditions, and any relevant road signs or signals. Also, try to capture signs of fatigue in the other driver, such as comments about lack of sleep or visible signs like yawning.
4. Collect Witness Information
Get names and contact details of witnesses. Witness accounts can be invaluable, especially if they noticed the other driver appeared sleepy or mentioned they were tired.
5. Consult With a Car Accident Lawyer
Contact a car accident lawyer in South Carolina. They can provide guidance tailored to your situation, help you navigate the claims process, and work to secure any compensation you may be entitled to for damages and injuries.
Contact an Experienced York, SC Car Accident Lawyer
Drowsy driving accidents can be complex. Proving fatigue is not always straightforward, and insurance companies often push back.
At Hunter | Everage, we fight for those injured due to someone else’s negligence, especially when that negligence comes in the form of driving while drowsy. We know what to look for, how to gather evidence, and how to build a case that gets results.
If you’ve been hurt in a crash involving a tired driver, contact our York, SC, car accident lawyers at 704-377-9157 for a free consultation.