A survey conducted by the National Sleep Foundation (NSF) in 2023 among teenagers and adults proved that many Americans drive while fatigued. One in six teen drivers and 60% of the adult drivers reported having driven drowsy.
Drowsy driving is when a driver operates a car when they are too fatigued or sleepy to stay alert. Drowsiness when driving impairs a driver’s ability to drive safely.
An alarming number of accidents in Tampa and throughout Florida are related to this factor. If you are involved in a drowsy driving accident in Tampa, you may be eligible to file a claim against the negligent driver. Jack Bernstein, Injury Attorneys, is committed to helping victims in such accidents.
What Is Drowsy Driving and Why Is It So Dangerous?
The psychological state of fatigue involves reduced mental and physical ability. The brain’s processing speed usually slows down during this state.
So, why is drowsy driving dangerous?
Because it slows a driver’s reaction time, reduces alertness, impairs cognitive function, and results in microsleeps behind the wheel. Drowsiness when driving endangers a driver and other road users.
Common Causes of Drowsy Driving
Lack of Sleep
How much sleep is recommended to avoid drowsy driving? Getting 7 to 9 hours of sleep is the best answer to how to prevent drowsy driving.
Untreated Sleep Disorders
Conditions like sleep apnea, insomnia, and narcolepsy can increase the chances of a driver sleeping behind the wheel.
Driving for Long Hours Without Breaks
Commercial drivers and people on road trips should take breaks. Failure to do so can lead to drowsy driving.
Medication Side Effects
Some medications cause drowsiness, making it dangerous to drive.
Shift Work Sleep Disorder
Working irregular hours can disrupt the body’s natural sleep-wake cycle. This can result in difficulty falling asleep when one needs to and excessive daytime sleepiness.
How Many Accidents Are Caused By Drowsy Driving?
It can be challenging to ascertain the exact number of how many accidents are caused by drowsy driving. However, various previous studies have helped shed light on this matter.
The National Highway Traffic Safety Administration (NHTSA) estimated that in 2017, 91,000 police-reported crashes involved drowsy drivers. Further, previous research by the AAA Foundation for Traffic Safety estimated that 6% to 11% of all police-reported motor-vehicle crashes, and 16% to 21% of fatal crashes likely involve drowsy driving.
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), 3,700 drowsy driving crashes that resulted in 224 injuries and 12 fatalities were reported in Florida in 2019.
Drowsy driving accidents are often underreported because many drivers don’t admit they were fatigued or sleepy, and there is no simple test to confirm drowsiness like a breathalyzer for alcohol impairment. Consequently, many crash reports simply indicate “unknown” or list other potential factors that could have contributed to an accident, even if drowsiness was the cause.
Drowsy Driving vs. Drunk Driving: Comparison
Cognitive Impairment Levels
Sleep deprivation can impair driving skills to a level comparable to, or even exceeding, legal alcohol limits. For instance, being awake for 18 hours can impair performance to a degree comparable to a blood alcohol concentration (BAC) of 0.05%.
Impact on Reaction Time, Judgment, and Awareness
Both fatigue and alcohol can lead to slower reaction times, impaired judgment, and reduced awareness. This is also a factor in distracted driving accidents.
Legal and Social Perceptions
Drunk driving carries more stigma — it’s widely condemned. Additionally, there are specific laws with serious legal consequences for drunk driving.
Drowsy driving is often underestimated. Society views it as a lifestyle choice. Besides, when a drowsy driver causes an accident, the penalties are often less severe than those for drunk driving.
Is Drowsy Driving Illegal in Florida?
Florida lacks specific drowsy driving laws that criminalize it in the same way as driving under the influence of alcohol. Nonetheless, causing an accident because of drowsiness can still lead to legal liability.
If a drowsy driver injures another road user, they can be held liable for damages. And if that accident results in serious bodily injury or death, the driver may face criminal consequences.
Thus, even though there are no drowsy driving laws in Florida, you can still fight for your rights when injured in such a circumstance.
Negligence and Reckless Driving
All road users in Florida have a duty of care to other road users. By driving fatigued, a driver breaches this duty of care, seeing that they can’t operate their vehicle safely. Accordingly, drowsy driving can be considered negligence and, in severe cases, reckless conduct.
If a drowsy driver causes an accident, they would have breached the duty of care they owed to another road user, and caused them to suffer an injury. This forms the basis for a personal injury claim.
Proving Drowsiness in an Accident Claim
As aforementioned, there is no simple test for proving a driver was drowsy at the time of the accident, and many at-fault drivers usually deny being drowsy. However, some types of evidence can help you prove drowsiness in an accident claim. These include police reports, witness statements, driver logs for commercial vehicles, expert testimony, and the lack of skid marks.
For instance, a police report in which the officer’s observations denote that the driver was drowsy can strengthen your claim.
If an at-fault driver’s actions demonstrate gross negligence or intentional misconduct, punitive damages may be available in such a case to punish the driver and deter similar behavior in the future.
What To Do After a Drowsy Driving Accident in Tampa
Immediate Actions at the Scene
- Ensure safety and call 911.
- Seek medical attention even if your injuries seem minor.
- Report the accident to the police. Inform the police about any observations you may have made about the other driver’s drowsiness.
- Exchange information with the other driver(s). Names, contact information, vehicle details, and insurance information.
- Gather evidence. Take photos and videos of the scene, vehicle, and your injuries. You should also collect witness information.
Important Post-Accident Steps
- Continue medical treatment and follow your doctor’s orders.
- Report the accident to your insurance company. Stick to the facts.
- Do NOT give a recorded statement to the other driver’s insurer without legal counsel.
- Keep detailed records of all expenses, medical treatments, and communications.
Why Contacting a Tampa Drowsy Driving Accident Lawyer is Crucial
Working with a car accident lawyer in Tampa after a drowsy driving accident is crucial. This is because lawyers are experienced in handling such cases. The lawyers at Jack Bernstein, Injury Attorneys, understand the complexities involved in proving drowsy driving.
Our lawyers will investigate your case to get adequate information by gathering evidence, interviewing witnesses, and working with accident reconstruction experts if necessary. This also helps us identify all liable parties and establish the best angle to approach your case from.
Further, we will help you calculate all the damages you incur, including medical expenses (current and future), lost wages and loss of earning capacity, pain and suffering, property damage, and emotional distress.
Jack Bernstein, Injury Attorneys, is skilled in dealing with insurers who may try to downplay or deny claims. We know the tactics they use and understand how to strengthen a case to weaken those strategies to help you receive maximum compensation. If an insurer refuses to compensate you fairly, we will be ready to take the case to court.
Our firm also has a contingency fee structure. No fee unless we win.
Contact Jack Bernstein, Injury Attorneys, at (813) 333-6666 today for a free consultation.
About Jack G. Bernstein Esq.
Personal Injury Lawyer
For more than 40 years, personal injury lawyer Jack G. Bernstein — a member of the Florida State Bar Association, the Hillsborough Bar Association, and the Clearwater Bar Association — has protected the rights of individuals injured by a negligent party.
Mr. Bernstein has the expertise to handle various injury cases, including, but not limited to, car accidents, medical malpractice cases, cruise ship accidents, accidental drownings, wrongful death lawsuits, along with most injury and catastrophic occurrences, and legal malpractice issues.
With a staff of approximately 40 people, including six lawyers and 34 support personnel, Jack Bernstein, Injury Attorneys, handles every type of personal injury and accident case throughout Tampa, Sarasota, St. Petersburg, and Clearwater, FL. Our office has the legal resources to get the justice you deserve and the maximum recovery for your losses. Schedule your free consultation today; we are always here to help.
FAQ
What if the Drowsy Driver Who Hit Me Was Driving a Company Vehicle?
The driver can be held liable for being negligent, and the employer for the negligent actions of their employee. An employer may also be found liable if they were negligent in hiring, training, and supervising the employee.
How Long Do I Have To File a Drowsy Driving Accident Claim in Florida?
Generally, you have two years from the date of the drowsy driving accident.
Can I Still Recover Compensation if I Was Partially at Fault for the Accident, Even if the Other Driver Was Drowsy?
Yes, you can. Florida follows a modified comparative negligence system. An injured victim can still recover compensation, provided their percentage of fault is 50% or less.
What if the Drowsy Driver Denies Being Tired or Falling Asleep?
Different types of evidence can help you prove drowsiness in such a case. For example, if a police officer noticed signs of drowsiness and noted it in the police report. A statement from a witness who observed the driver’s behavior before the accident can also be vital.
Are There Specific Times of Day When Drowsy Driving Accidents Are More Common?
Yes. Drowsy driving accidents can be more common between midnight and 6 a.m., and in the late afternoon.
My Insurance Company Wants Me To Give a Recorded Statement About the Drowsy Driving Accident. Should I?
It’s generally advisable to get legal guidance before giving a recorded statement to any insurance company.
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Sources:
Drowsy Driving. (n.d.).
FLHSMV Reminds You to Take a Break, Don’t Drive Drowsy. (2020).
National Sleep Foundation’s 2023 Drowsy Driving Survey. (2023).