Driver Fatigue: Just as Dangerous as DUI or Texting

According to a recent news report, two men died northeast of Las Vegas in a construction zone accident after a semi-truck driver allegedly fell asleep behind the wheel. The crash occurred around 6:30 a.m. on U.S. 93, when the semi—which was filled with sand—ran over the car in front of it, ripping the car in half. The two men inside of that car were pronounced dead at the scene. The semi went on to strike three other vehicles, causing one to flip over.

The Nevada Highway Patrol trooper investigating the accident stated that drowsy driving is as dangerous as texting while driving, and may produce the same tragic consequences.

Fatigued driving poses extreme dangers to everyone on the roadways in Nevada and beyond. As noted by the Centers for Disease Control and Prevention (CDC), an estimated one in every 25 drivers reports having fallen asleep while driving in the past 30 days. Driving while drowsy is the cause of up to 6,000 traffic crashes every year.

What Is Driver Fatigue and Why Is It So Dangerous?

Driver fatigue is the combination of operating a motor vehicle and sleepiness. While lack of sleep before driving is the most common cause of driver fatigue, other issues may cause this condition as well, including sleep disorders, such as sleep apnea, shift work that interrupts the body’s instinctive sleep cycle, alcohol, legal medications, and illegal drugs. Signs of driver fatigue may include:

• Frequent yawning or blinking, blinks that are of a longer duration, or head nodding
• Drifting out of your lane or driving over the rumble strip on the side of the road
• Difficulty remembering the past few miles you’ve driven
• Difficulty maintaining speed
• Slow reaction to perceived dangers up ahead
• Missing an exit

As reported by the National Sleep Foundation, one out of every six fatal traffic accidents, and one out of every eight accidents requiring hospitalization of a car’s driver or passengers, is caused by drowsy driving. The societal cost of driver fatigue is estimated to be between $29.2 and $37.9 billion per year. When pondering the dangers of driver fatigue, consider these facts:

• Most people need between seven to nine hours of sleep each night to feel rested and function properly.
• Sleepiness decreases the functions needed for safe driving, including vigilance, reaction time, memory, psychomotor coordination, information processing, and decision making.
• The effects of fatigue on driving are similar to that of a blood alcohol concentration close to the legal limit in a well-rested person.
• Drivers are often not aware when they fall asleep for short periods of time, known as microsleeps. Microsleeps often cause drivers to miss the quick reaction that they need to stop before hitting an obstacle such as another car.

Who Is Most at Risk?

People who snore or who report getting less than six hours of sleep per night are the most likely culprits of fatigued driving. Other risk factors for drowsy driving include:

• Commercial drivers who operate vehicles such as tractor-trailers, tow trucks, or buses. A study of 80 long-haul truck drivers in the U.S. and Canada indicated that these drivers often average less than five hours of sleep each night. The National Transportation Safety Board estimates that nearly half of all crashes involving long-haul truck drivers in which the truck driver is killed are a result of driver fatigue.
• Shift workers whose working hours disrupt the body’s natural circadian rhythms that cause people to feel sleepy during the dark early morning hours.
• New or young drivers, particularly young men.
• Those with untreated sleep disorders, including insomnia (the inability to sleep), narcolepsy (excessive daytime sleepiness), or sleep apnea (a condition commonly characterized by loud snoring and multiple instances of gasping, in which sleep is interrupted).
• Everyday drivers who have experienced temporary situations that may lead to lack of sleep such as having a new baby in the house, moving, or adjusting to a new work schedule.

As reported by Virginia Tech, Daylight Savings Time—when Americans push their clocks forward in the spring—can lead to an increased risk of driver fatigue, as drivers hit the road before their internal clocks have had the opportunity to adjust to the change. The body generally takes a few days to a week to fully adjust to time changes, and during that adjustment period, drivers not only experience sleep disruptions, but they also are operating a motor vehicle during a time in which they normally would not.

How Can I Prevent Driving While Drowsy?

When it comes to preventing driver fatigue, sleep is key. As previously mentioned, adults and teens require seven to nine hours of sleep to be considered well-rested. However, if a driver has experienced several sleepless nights before finally getting a full night’s rest, the one restful night may not be enough to catch up on sleep. Often, the individual will need several restful nights to compensate for sleep debt and achieve optimal functioning. Other tips for preventing driver fatigue include:

• Avoid driving between 2 a.m. and 4 a.m., as this is when a person’s circadian rhythm is at its lowest, meaning that for a person already sleep-deprived, the desire to sleep is even greater.
• Pay attention to the symptoms of drowsy driving. If you are experiencing any of those symptoms, find a safe place to pull over and rest or stop and get out of your car. Drivers may also find some relief by drinking caffeinated beverages.
• Talk to a Doctor. If you experience symptoms of a sleep disorder, such as snoring or feeling sleepy during the day, talk to your doctor about treatment options.
• Don’t drive potentially impaired. Avoid driving if you have consumed alcohol or are taking medications that may cause drowsiness.
• Stay Alert.Be cautious of situations that may enhance drowsiness, such as driving alone, driving on monotonous roadways, or driving in heavy traffic for an extended period of time.

Were you been injured in a traffic accident due to someone else’s negligence? Have questions about your legal options? If so, call a car accident lawyer for advice and answers.

Frequently Asked Questions

1. How do I prove the other driver was asleep if they won’t admit it?

Proving driver fatigue is more complex than proving a DUI because there isn’t a “breathalyzer” for sleepiness. However, we look for specific evidence that paints a clear picture of negligence. Lack of skid marks is a huge indicator; a sleeping driver doesn’t brake before impact.

We also subpoena cell phone records (to show they weren’t texting, leaving fatigue as the likely cause), reviewing “black box” data for steering patterns, and for commercial drivers, we audit their logbooks for hours-of-service violations. You don’t need a confession to win a settlement; you just need a preponderance of evidence showing they failed to stay alert.

2. Can I still get a settlement if I was partially at fault for the crash?

Yes, but you have to be careful. Nevada follows a modified comparative negligence rule (NRS 41.141). As long as you were 50% or less at fault, you can recover damages.

However, if a jury or insurance adjuster decides you were 51% responsible—perhaps arguing you could have avoided the drifting truck if you were paying closer attention—you get nothing. Additionally, your final payout is reduced by your percentage of fault. If you are found 20% liable, your $100,000 settlement becomes $80,000.

3. What is the deadline for filing a drowsy driving lawsuit in Nevada?

You do not have unlimited time to negotiate. The statute of limitations for personal injury claims in Nevada is two years from the date of the accident. If you haven’t filed a lawsuit by the two-year anniversary of the crash, the court will almost certainly dismiss your case, barring you from receiving any compensation for your medical bills or lost wages.

Evidence of fatigue—like gas station receipts or security footage showing the driver looking tired miles before the crash—disappears quickly. Waiting until the deadline approaches often means losing the evidence needed to win.

4. What if my injuries didn’t show up until weeks after the accident?

This is common with soft-tissue injuries or internal trauma. In these specific cases, Nevada applies the Discovery Rule. This legal doctrine effectively “pauses” the two-year clock until the date you discovered—or reasonably should have discovered—the injury.

For example, if you start experiencing severe back pain three months after the wreck and an MRI confirms it was caused by the impact, your statute of limitations for that specific injury might start from the diagnosis date. However, relying on this rule is risky. Insurance defense teams will argue you should have seen a doctor sooner, so you should always seek immediate medical attention after a crash.

5. Can my spouse sue for damages if the accident affected our marriage?

Yes. When a drowsy driver causes catastrophic injuries, the victim isn’t the only one who suffers. Your spouse may have a separate claim for “loss of consortium.”

This legal term covers the loss of companionship, moral support, affection, and intimacy resulting from your injuries. If your recovery has fundamentally changed your relationship or your ability to contribute to the household, your spouse is entitled to compensation for that specific loss. This is a derivative claim, meaning it is usually filed alongside your primary personal injury lawsuit.

6. Is a drowsy driver treated the same as a drunk driver in civil court?

In terms of liability, yes. While a drunk driver faces criminal charges that a drowsy driver might not, civil liability treats them similarly: both made a negligent choice that endangered the public.

In fact, because the effects of fatigue on reaction time are so similar to intoxication, we often argue for similar damages. If the driver was a commercial truck driver who violated federal sleep regulations, we may even be able to pursue punitive damages, which are designed to punish the defendant for gross negligence rather than just compensating you for your bills.