Illinois’ respected safety organization, the National Safety Council (“NSC”), warns us that our country’s roads are filled with more drivers who are driving while they are sleepy, tired, or fatigued than most realize. Not only do lots of drivers decide to get behind the wheel even though they are “sleep-deprived,” but a shocking 1 in 25 drivers admitted to researchers that they have literally fallen asleep at the wheel while driving.
This is a serious public safety concern, not just for safety groups like the NSC but for advocates of accident victims and their loved ones. As the NSC points out, thousands of people lose their lives each year in preventable accidents caused by drowsy driving. Fatigued driving kills.
Drowsiness, sleepiness, or being tired or fatigued can cause a driver to do things like drift from their lane and off the road, or into oncoming traffic; make wrong decisions about their route (think wrong-way drivers); fail to react in time to road events like pedestrians in a walkway; or react too slowly to changing road conditions, like black ice patches on a wintery Indiana rural road or the sudden appearance of a road work construction zone.
These fatigued driving crashes happen quite often. The NSC points to a study by the AAA Foundation for Traffic Safety that estimates there are 328,000 drowsy driving accidents each year in this country, three times more than those recorded in official police reports. That’s over 800 accidents each and every day.
What is Drowsy Driving or Fatigued Driving?
Drowsy driving is risky driving. The Occupational Safety and Health Administration (“OSHA”) clarifies that “drowsy driving” or “fatigued driving” is a form of distracting driving and can be compared to driving while impaired.
OSHA explains (footnotes omitted):
Drowsy driving occurs when a person operates a motor vehicle when too fatigued or sleepy to stay alert, making the driver less aware of their surroundings. After 17 consecutive hours awake, impairment is estimated to be equivalent to having a blood alcohol content (BAC) of .05 and after 24 hours awake, impairment is estimated to be equivalent to a BAC of .10. A survey of the U.S. workforce found that approximately 37% of workers get less than the recommended minimum of 7 hours of sleep per night which may contribute to their drowsiness.
Drivers who operate a motor vehicle while fatigued, sleepy, tired, or drowsy, suffer from a failure to be able to perform both conscious and unconscious decisions and responses effectively. The driver’s mental acumen is crippled. Cognitive functions needed to drive are compromised and result in a dangerous situation both for that driver and those sharing the roadway with them.
For more on cognition, brain function, and driving, read: Sleepy, Tired, Fatigued, Exhausted Drivers: Brain Function and Motor Vehicle Accidents and Driving, the Brain, and Serious or Fatal Injuries: The Neuroscience of Driving in Car Accidents and Truck Crashes.
What Causes Drowsy Driving?
Solving the problem of drowsy driving is not easy because there are so many contributing factors that result in a driver deprived of sufficient sleep taking the wheel. Fatigued driving has been researched, with a variety of causes for bodily injuries or wrongful deaths in drowsy driving crashes.
The Sleep Foundation reports the following things may cause drowsy driving:
- Sleep deprivation (not getting 7-9 hours of sleep per night);
- Sleep disorders (think sleep apnea);
- Drinking alcohol; or
- Ingesting drugs (illegal; prescription; over-the-counter).
Moreover, its reports show that the time of day is a factor in fatigued driving accidents. The risk is greatest for drowsy driving accidents in the night (between midnight and six o’clock in the morning) or in mid-afternoon (where lots of us experience that after-lunch lull). These are the two time periods when the human body is most likely to be tired or drowsy.
Drivers With Greatest Risk of Drowsy Driving Accidents
All drivers need to know who faces the greatest danger of becoming a drowsy driver, not only for themselves but to aid in their awareness of the other drivers on the roads. Drivers on the roads in Indiana and Illinois with a higher likelihood of being fatigued behind the wheel are:
- teenagers
- elder drivers
- commercial bus drivers
- commercial truck drivers
- shift workers
- vacationers.
For more, read 100 Deadliest Days for Teen Drivers: Risk of Fatal Crash Skyrockets in Summer Months; and Shift Work Sleep Disorder, Worker Fatigue, and Danger of Severe Industrial Work Accidents.
Special Risks for Truckers and Drivers of Commercial Motor Vehicles
Recognizing the unique dangers that come with drowsy drivers of large trucks (tractor-trailers, semis, reefers, 18-wheelers, etc.), there are federal regulations in place to help truckers keep safe on the job. Federal Hours of Service (HOS) regulations exist to mandate rest breaks and limit work schedules for commercial truck drivers.
Employers of drivers of commercial motor vehicles (trucks and buses) should also be aware of the safety guidance against fatigued driving provided by the Federal Motor Carrier Safety Administration. Commercial Drivers are to be urged to do things like:
- Get Enough Sleep Before Getting Behind the Wheel
- Maintain a Healthy Diet
- Take a Nap
- Avoid Medication That May Induce Drowsiness
- Recognize the Signals and Dangers of Drowsiness
- Do Not Rely on “Alertness Tricks” to Keep You Awake.
For more on drowsy driving and truck crashes, read: Negligent Supervision by the Trucking Company and Semi-Truck Crash; Commercial Truck Parking Shortage; Danger of Semi-Truck Crashes; and Drowsy Truck Drivers: Commuting to Work Contributing to Fatal Truck Crashes.
Drowsy Driving Red Flags
There are behaviors that reveal a driver needs a break from operating a motor vehicle. The driver, as well as other occupants, employers, supervisors, dispatchers, friends, and family should be alert to things like the following, which are red flags of drowsy driving according to the NSC, citing studies done by the American Academy of Sleep Medicine:
- Frequent yawning or difficulty keeping your eyes open;
- Nodding off or having trouble keeping your head up;
- Inability to remember driving the last few miles;
- Missing road signs or turns;
- Difficulty maintaining your speed; or
- Drifting out of your lane.
If any of these signs are seen, then steps should be taken to help that driver. Someone else could take a turn behind the wheel, for instance. A break might be needed, either a nap at a rest area or an overnight stay at a hotel. It is important to understand that while coffee may seem helpful, caffeine alone is not enough to solve the dilemma of a driver who is tired behind the wheel. A failure to resolve a drowsy driving situation may result in a serious accident with both civil and criminal liability.
Read, Drowsy Driving published by the Indiana Criminal Justice Institute, and see Understanding the Problem published by NHTSA.
Seeking Justice After Crash Caused by Drowsy or Fatigued Driving
After a serious accident in Illinois or Indiana, there will be an extensive investigation to determine all the reasons for the event. Accident reconstructionists are experts in combing through all the facts and reaching conclusions on causes. There can be more than one cause, of course, with more than one party being legally liable for what happened, like:
- A truck tire blowout due to a defective tire may be one factor that combines with a fatigued driver who was unable to react in time to prevent a crash;
- A trucker may be pushed by a dispatcher to keep going despite being tired in order to meet a deadline and be involved in a collision that could have been avoided if allowed a requested rest break; or
- A driver who takes a prescription medication without being warned it may cause sleepiness may face horrific consequences as a result.
Also read: Drowsy Driving and the Risk of Fatal Traffic Accidents in Indiana and Illinois and Ridesharing and Traffic Fatalities: Driver Fatigue and Drowsy Driving as a Public Safety Risk.
Accident victims have the legal right to investigate and determine the causes of a fatigued driving accident independently of law enforcement; federal regulators; employers; or insurance companies. For those who suffer harm in an auto accident or truck crash where a fatigued driver is involved, there are avenues for justice under state law that can provide damages to the accident victims and their loved ones for things like:
- medical expenses
- long term rehab costs
- pain and suffering
- lost wages
- lost earning capacity
- loss of quality of life
- permanent disfigurement.
For more, see: 10 Types of Injury Damages That May Be Awarded to Accident Victims and 10 Types of Workers Compensation Benefits After a Work Accident in Illinois or Indiana.
Drowsy driving is extremely risky and much more common on our roadways than many realize. The risk is highest in the mid-afternoon and between midnight and sunrise. Please be careful out there!
