Drowsy driving can be as dangerous as drunk driving. A lack of adequate sleep can affect the brain similarly to the ways alcohol consumption can affect it, such as slowing the individual's reaction time, decreasing his or her awareness of his or her surroundings, and negatively affecting his or her judgment.
In a lot of ways, driving drowsy can be more dangerous than driving drunk because there is no legally-defined exhaustion point for drivers. In other words, it is illegal to operate a motor vehicle if one's blood alcohol content is .08 percent or higher. Keeping this in mind, many drivers know their personal alcohol consumption limits and stop drinking when they reach a point that could push them over the legal blood alcohol limit. This is rarely the case with tired drivers, who might not realize how tired they are, might not realize the dangers of driving tired, or might be so eager to reach their destinations that they choose to drive anyway.
If you are involved in an automobile acci
dent because due to another driver, you may be able to hold them liable for all damages that you suffered. This includes liability for injuries suffered by you, as well as any passengers in the car. In this case, it is in your best interests to speak with a personal injury attorney for help.
Drowsy Drivers vs. Drunk Drivers
The National Highway Traffic Safety Administration estimated that 1,550 people die on American roadways every year due to fatigued driving. Although this might seem small compared to the number of people who die in alcohol-related car accidents every year, approximately 10,300 drowsy drivers pose a considerable threat to the people with whom they share the road.
Drowsy drivers create many of the same hazards that drunk drivers create. The following list details some of the symptoms that can affect both fatigued and intoxicated drivers:
Slow reaction time;
Difficulty maintaining speed or lane;
Poor short-term memory;
Difficulty staying focused on driving; and
Poor judgment of surroundings, traffic patterns, and anticipated obstructions.
Holiday weekends and other high-volume travel days are when drivers are most at risk of coming into contact with a drunk or fatigued motorist. Be on high alert for suspicious vehicles if you're planning to travel by highway this holiday season.
Unlike other states, such as Arkansas and New Jersey, Illinois does not currently have a specific law regarding drowsy driving and whether a drowsy driver may face criminal charges. However, Illinois lawmakers have recently begun feeling pressure from voters pushing for such a law and could potentially follow these states in the future by enacting a similar law. Currently, fatigued drivers who are found responsible for another motorist or passenger's death may face reckless homicide charges under 720 ILCS 5/9-3.
Negligence and Accountability in an Automobile Accident
Negligence behind the wheel is the largest cause of automobile-related personal injury claims filed in the United States every year. “Negligence” is a broad term that refers to any preventable behavior committed while operating a motor vehicle that can cause injury to other motorists or property. In Illinois, more than one party may be found responsible for an accident. This is known as a comparative negligence law, and it assigns responsibility to all involved parties based on the percentage that the court feels each party's negligence contributed to the accident.
For example, Car A is being driven by a motorist who just finished a 15-hour shift and has not slept since the day prior. Car A's driver is exhausted and failing to maintain his lane, making wide turns and swerving over the line on the roadway. Car B enters the scene by blatantly disregarding a stop sign, bursting into an intersection and colliding with Car A as he turns into Car B's lane, colliding with her car.
In this situation, the court may find that although both drivers were negligent, Car A's driver's negligence contributed more to the crash than Car B's driver's negligence. It might then rule that Car A's driver holds 70 percent of the responsibility for the crash and Car B's driver holds 30 percent. In this circumstance, Car B's driver may file a personal injury claim with Car A's driver's insurance provider, but she may only receive 70 percent of the total damages. With comparative negligence laws, parties involved in accidents may only file personal injury claims if they are found to be less than 50 percent responsible for the accident.
