Oklahoma Drowsy Driving Accident Attorney

Contact a drowsy driving accident lawyers today.

Everyone is susceptible to fatigue, whether they have worked a long shift or not gotten enough sleep the night before. Whenever someone gets behind the wheel of a vehicle when they are dangerously tired, it is referred to as “drowsy driving.”

The fact is a significant number of people attempt to drive even when their bodies are telling them they should be resting. People who are exhausted are not suited to be operating a motor vehicle, and a person can cause a devastating crash if they start drifting off or fall asleep while driving. Drowsy driving caused nearly 800 deaths in one recent year, according to the National Highway Transportation Safety Administration (NHTSA).

If you suffered severe injuries or your loved one was killed in a motor vehicle accident in Oklahoma caused by a drowsy driver, the negligent party needs to be held accountable. Instead of fighting with an insurance company, allow an experienced Oklahoma personal injury attorney handle your case for you.

Cain Law has been fighting for the rights of auto accident victims throughout the Oklahoma City area for more than 25 years. Call (855) 759-6858 or contact us online to receive a free consultation about your case.

What Causes Drowsy Driving?

According to the National Sleep Foundation, lack of sleep can have effects on your body similar to the effects of alcohol consumption. In fact, being awake for 18 consecutive hours is the equivalent of a breath or blood alcohol concentration (BAC) of 0.05, while being awake for a full 24 hours is like a BAC of 0.10. (In Oklahoma, you are considered impaired when your BAC is 0.08.)

  • The most common cause of drowsy driving is a simple lack of sleep. In some cases, people can become fatigued after working particularly long hours. Stresses of work, family, and everyday life can keep many people up at night and disrupt their sleep.
  • Prescription sleep aids may also contribute to drowsy driving. According to a Consumer Reports survey, 1 in 5 Americans who take sleep drugs said they had driven within 7 hours after taking the medication, even though the directions on most sleep aids advise that you not take them unless you can sleep for more than 7 hours afterward to reduce the likelihood of grogginess.

Drowsy drivers are less aware of their surroundings, and their reaction time in the critical seconds before a crash is slower.

Some causes of drowsy driving include:

  • Untreated sleep disorders like sleep apnea and narcolepsy
  • Use of alcohol or certain medications
  • Driving late at night or in the early morning

How to Prevent Drowsy Driving Accidents

There are several steps you can take to prevent an accident caused by fatigue or drowsy driving:

  • Always try to get a good night’s sleep. Experts recommend between seven and nine hours. If you are planning a long drive with multiple people, take turns driving. Have someone take over driving after a certain number of hours.
  • Do not be afraid to take naps at rest areas when necessary. The hours you would normally be sleeping are obviously the most dangerous times to drive, but you can consume caffeine for a short-term boost.
  • Recognize any signs of drowsy driving that you may be exhibiting. Yawning, missing turns, or drifting from a lane can all be signs that you are getting tired.

Drowsy Driving Facts and Statistics

The Centers for Disease Control and Prevention (CDC) reports that 1 in 25 drivers who are 18 years of age or older reported having fallen asleep while driving in the previous 30 days. According to the National Highway Traffic Safety Administration (NHTSA), drowsy driving is the primary cause of 100,000 crashes causing 1,500 deaths and 70,000 injuries in the United States annually.

Drowsy driving killed 795 people in 2017, according to the NHTSA. Drowsy driving accounted for:

  • 736 crashes (2.3% of total crashes) and 824 fatalities (2.3% of total fatalities) in 2015
  • 747 crashes (2.5%) and 851 fatalities (2.6%) in 2014
  • 714 crashes (2.4%) and 801 fatalities (2.4%) in 2013
  • 744 crashes (2.4%) and 835 fatalities (2.5%) in 2012
  • 721 crashes (2.4%) and 810 fatalities (2.5%) in 2011

A 2016 report from the Governors Highway Safety Association (GHSA), Wake Up Call! Understanding Drowsy Driving and What States Can Do, reported that almost 83.6 million sleep-deprived Americans are driving every day. The GHSA states that the annual societal cost of fatigue-related fatal and injury crashes was $109 billion, not including property damage.

Drivers at the Highest Risk of Drowsy Driving

  • Commercial vehicle drivers: Drivers of 18-wheelers, buses, tow trucks, and other vehicles often work long hours and travel long distances, increasing the risk of driving while drowsy.
  • Young drivers: Newer drivers have less skill and experience to draw on in order to avoid a crash, and young people are often sleep deprived. Drowsy driving accidents are particularly common in males under 26 years of age.
  • Shift workers: According to the National Sleep Foundation, those who drive between midnight and 6 a.m. are at six times the risk of causing a crash because the body’s natural inclination is to sleep during this time.
  • People with untreated sleep disorders: Restless leg syndrome and obstructive sleep apnea can cause a driver to have severe sleepiness during the day, and narcolepsy can cause someone to fall asleep suddenly. If a person isn’t properly treating these disorders, he or she could fall asleep behind the wheel and cause an accident.

What Are the Peak Times for Sleep-Related Accidents?

The NHTSA reports that the most common times for crashes related to drowsy driving are between 12 a.m. and 6 a.m. and in the late afternoon. At these times, people’s circadian rhythms are at a low point, and they are at their sleepiest. Accidents can occur during “microsleep,” when a person falls asleep for only a few seconds.

What to Do If You’ve Been Hit by a Drowsy Driver

If you have been hit by a drowsy driver, there are steps you can take to protect your rights. These include:

  1. Report the crash. Call 911 or the police. The responding officers can gather valuable information about the crash, and a police accident report can provide evidence that is important to your case.
  2. Exchange information. Get the other driver’s name, insurance information, driver’s license number, license plate number, and contact information.
  3. Speak to eyewitnesses. Get their names and contact information, and your lawyer can follow up with them.
  4. Take photos of the scene. If you can, use your cellphone camera to take pictures of the damage to vehicles and of the roadway and surrounding environment. Have someone take pictures of your own injuries, if possible.
  5. Seek medical attention. Seeing a doctor right away will ensure you get the immediate medical treatment you need, and it will establish a record of your injuries.
  6. Speak to a qualified attorney. An experienced accident lawyer from the Cain Law can advise you of all your options and answer your questions about the best way to proceed after being hurt in a drowsy driving crash. We can work quickly to investigate the scene and gather evidence to create a solid case for compensation.

Drowsy Driving Accident Investigations

Our knowledgeable car accident attorneys can investigate all of the circumstances surrounding the crash, including the other driver and what may have caused the accident. What the other driver was feeling at the time of the crash may be difficult to pin down, but there are ways to find concrete evidence to support the argument that the driver should not have been behind the wheel.

The time of the accident is important, as well as the at-fault driver’s occupation and physical health. If the driver is a commercial trucker, for example, there will be records logging their hours and how long they’ve driven without a break. Certain medications can also cause drowsiness. Or the driver may have a sleep disorder that contributed to the crash.

At the Cain Law, we have the skills and the resources to analyze all the evidence to determine whether drowsiness contributed to your accident.

How an Attorney Can Help After a Drowsy Driving Accident

An attorney with specific experience handling drowsy driving car accident cases can:

  • Investigate the crash and all of the surrounding circumstances, including the other driver and his or her fitness to drive.
  • Review your injuries and your doctor’s diagnosis to determine the current and future costs of your medical care.
  • Evaluate the true extent of your losses, including lost income, reduced earning capacity for the future, pain and suffering, and all the other ways your life has been affected by your injuries.
  • Manage all communication with the appropriate insurance companies to protect you from making any mistakes that could hurt your claim.
  • Aggressively fight for a full settlement and/or file a lawsuit. A fair settlement may be possible even after a lawsuit is filed. The discovery process in a lawsuit makes more information available, which can help settlement negotiations.

Hurt in a Drowsy Driving Accident? Contact Us Today

If you’ve been hurt in a crash caused by a drowsy driver, call the accident lawyers at the Cain Law right away. The pain and injuries you sustain are more than enough to handle without worrying about how you’ll pay your medical bills, recoup lost wages, and support yourself and your family.

You don’t have to go through this alone. Our attorneys have extensive experience helping those hurt in car accidents in Oklahoma City, and we are committed to fighting for full and fair compensation for you. Call us or fill out our contact form today to schedule a free consultation.