The dangers of drowsy driving

On Behalf of | Feb 5, 2025 | Motor Vehicle Accidents

Everyone knows that drunk driving is dangerous but the dangers of drowsy driving are sometimes underestimated. Getting behind the wheel when you are tired significantly increases the chance of a serious or deadly accident.

Drowsy driving means more than falling asleep at the wheel. Even if you do not fall asleep, driving while you are sleep deprived leads to mental impairment. Depending on the level of drowsiness, your mental impairment could be similar to being drunk.

When you are impaired due to drowsy driving, your reaction time is slower. This makes it harder to perform basic driving techniques. Drowsiness also often results in poor decision-making, potentially leading to risky driving behavior.

There are many causes of drowsy driving

Sleep deprivation is one of the most obvious and common causes. Many people do not sleep as much as they should and this causes fatigue or sleepiness during daily activities, including driving.

Alcohol and medication play a role in drowsy driving. Alcohol and the side effects of many medications cause sleepiness.

The time of day could impact the frequency of drowsy driving. Many drowsy driving accidents occur during the overnight hours when our bodies are not used to being awake or in the afternoon, which is when sleepiness is common.

Proving another driver was drowsy is often challenging

You do not have the benefit of evidence that makes it easier to prove your case, such as the results of a chemical test in a drunk driving accident. There are no tests to prove drowsy driving.

However, it is still possible to prove another driver was drowsy.

Carefully review and document the accident scene. Sometimes the lack of evidence can be evidence. For example, look for a lack of skid marks, which could indicate the drowsy driver did not try to stop or slow down.

Documentation showing the driver’s work schedule could suggest that they were drowsy at the time of the accident. For example, if the accident occurred at 7:30 a.m. and the driver’s employment records show they work a third-shift job that ends at 7 a.m., this is strong circumstantial evidence that they were drowsy.

Social media posts or text message documentation are other forms of evidence that could be helpful. A social media post showing the driver consuming alcohol the day of the accident or being awake for several hours at a time can lead a judge or jury to the conclusion that the driver was drowsy.

Montana’s negligence law

Drowsy driving is negligent driving. When you are injured by a drowsy driver, you can hold them accountable for their negligent behavior through a personal injury action. Gathering evidence to establish negligence can help you receive compensation for your medical bills, lost wages, pain and suffering and other damages.

Although you may prove another driver was drowsy, prepare to defend yourself if they claim you were negligent, as well. Montana follows a modified comparative negligence standard. This means your amount of compensation is reduced based on your own negligence and if you are found to be more than 50% negligent you cannot recover any compensation.

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