Maryland Drowsy Driving Crash Lawyer

The Dangers of Drowsy Driving

Sleepy adults behind the wheel of any motorized vehicle endanger us all. And yet many of us have been in situations where we needed to make one particular drive when our eyelids were heavy. We all know that doing so does not excuse our lack of responsibility, but the point is this: getting behind the wheel when we should be in bed is not a rare occurrence. The numbers, which we provide below, might take you aback.

In the eyes of the law, “driving while sleepy” can be considered negligent behavior. If a drowsy driver crashed into you and caused injury, they could be considered at fault under the law. In such a situation, you might have a personal injury suit.

Sleep (and the Lack of it) by the Numbers

According to the numbers, many of us have admitted to DWS (driving while sleepy), even those of us who sport the safest driving records. Every year, the National Sleep Foundation conducts a “Sleep in America” poll. In a recent poll, 60 percent of U.S. drivers admitted that they had gotten behind the wheel while sleepy, and 37 percent said that they had fallen asleep while driving in the previous year. In other statistical findings, nearly 30 percent of drivers have admitted that at some point during the previous 30 days they drove when they could barely keep their eyes open. Nearly 20 percent said they had done it more than once.

The conservative estimates of the National Highway Traffic Safety Administration (NHTSA) are that, in 2015, around 72,000 crashes reported to the police originated in driver fatigue.

It added up to 41,000 injuries and 800 deaths. However, the broader safety community has reached a consensus that consists of much higher numbers. Their best estimate is that 16.5 percent of all deadly crashes (7 percent of all crashes) involve a drowsy driver. Such an estimate would translate into roughly 6,000 deaths in DWS accidents and around $109 billion in costs to our society.

But wrecks caused by drowsy driving are not often tracked statistically; therefore, it is difficult to definitively ascribe crashes to DWS. One of the few known local drowsy driving crashes occurred during August, 2008, on the Chesapeake Bay Bridge. A three-vehicle fatal accident resulted when a nineteen-year-old fell asleep, causing a truck driver to plunge off the bridge to his death in an effort to escape the crash.

Only two states currently have laws that can cite drivers specifically for drowsy driving: Arkansas and New Jersey. However, Maryland does train its police officers to recognize fatigued driving.

Who Is at Risk of Drowsy Driving?

Drowsy driving can happen for many reasons. It’s no secret that we, as a country, are often sleep-deprived, so you probably wouldn’t be surprised to discover that getting less than seven hours of sleep a night is a risk factor. But other situations can also cause drowsy driving that you might not be aware of:

  • Driving while under the influence of medication, even over-the-counter drugs. Some antihistamines (allergy and cold drugs), for example, have a powerful sedating effect.
  • Driving under the influence of alcohol, even a small amount, can make a sleepy person even sleepier.
  • Driving after working all night. Shift work negatively affects our body clocks, making us more likely to fall asleep at inappropriate times. Shift work sleep disorder can cause excessive sleepiness during the day.
  • Being under 30, and especially being male. This age group is most likely to have drowsy driving crashes. According to the NHTSA, drivers under 30 were responsible for nearly two-thirds of drowsy driving crashes, even though the under-30 group represented only one-fourth of all licensed drivers. Additionally, teenagers can experience delayed sleep phase syndrome, meaning they need to sleep later in the morning. However, because of school and work, they are usually not able to do so, creating an ongoing situation of fatigue.
  • Undiagnosed or untreated sleep disorders such as narcolepsy and obstructive sleep apnea. These persons have a higher risk of drowsy driving crashes.

Other reasons for drowsy driving crashes can include driving too long without taking a break, especially on monotonous roads. Older drivers are especially vulnerable to mid-afternoon sleepiness because they may not be sleeping as well at night due to age.

The Centers for Disease Control and Prevention has found that going without sleep for 24 hours is the same as having a blood alcohol content level of 0.10. A BAC of 0.08 is considered legally drunk in all 50 states. Driving while sleepy has the same effect as driving under the influence of alcohol.

What Are the Warning Signs You Are Falling Asleep?

Do you have trouble determining that you are about to fall asleep? Some of the warning signs that you are driving while drowsy are:

  • Yawning and rubbing your eyes
  • Blinking frequently or having difficulty focusing your eyes
  • Disconnected thoughts, not remembering the last few miles you’ve driven, or missing exits
  • Trouble keeping your head erect
  • Drifting out of your lane and running over rumble strips.

If you exhibit these signs and believe you are in danger of drifting off behind the wheel, stop driving right away. Pull over at a safe-looking rest area and take a nap. If you simply cannot nap, ask someone else to drive or, if you are alone, take a break and consume some caffeine. Sometimes opening the window or playing the radio is effective, but these measures generally work only for a short time.

If you or a loved one has been injured by a drowsy driver, and you believe they are at fault, we advise you to consider your legal options carefully.

Were you injured by a drowsy driver? We’re listening. How can we help you?

The aftermath of a vehicle collision can be life-changing for the accident victims and their family, and often takes years of patience and dedication to overcome. If you believe another party was responsible for the injuries or losses you have suffered in a car crash in Maryland, vehicle accident lawyer Steven Heisler has the experience necessary to successfully help accident victims get their lives back on track. With a positive track record and an approachable manner, Steve can provide more than legal representation, but also reliable guidance to help you make the best choices for your circumstances.

At the Law Offices of Steven H. Heisler, we have devoted our practice to defending the rights of personal injury victims. Keep in mind that there is a statute of limitations – or a time limit – for filing personal injury claims. If you have been injured in an accident, you should not delay. Contact us today for a free initial consultation by calling (410) 625-4878, or use our online form.

$5,500,000.00 - Steve represented a 33-year-old single mother of one whose vehicle was struck head-on by a construction truck in 2002. The client suffered life threatening injuries and was in a coma for six weeks. She required two months of brain injury rehabilitation. The client currently has serious permanent disabilities as a result of the accident including short term memory loss, impaired speech, double vision, and right side paralysis.

She is unable to return to her occupation as a dental hygienist or any other occupation. Steve Heisler and his associate Keith Kauffman negotiated a $5.5 million structured settlement at mediation. Should the client reach her life expectancy the payout increases to $9.5 million.

$250,000 - Steve represented the family of a 15 year old Anne Arundel County boy who was killed when the vehicle he was a passenger in failed to negotiate a curve and struck a tree. The defendant driver was also killed. Another passenger survived the crash. The defendant driver had a $300,000.00 liability policy. Steve negotiated a $250,000.00 settlement for the family. The remaining $50,000.00 was tendered to the surviving passenger.

$800,000 - Steve represented the estate and family of a 45 year old man who was killed when the motorcycle he was riding struck a guardrail and he was catapulted down an embankment. The estate and family alleged that a vehicle in the lane to the immediate left of the man swerved into his lane and caused a collision. The defendant strongly denied any wrong doing. The case was settled at a settlement conference for $800,000.00.

$325,000 - Steve’s client, a 45 year old Sr. Program Manager, was struck by a work vehicle that failed to yield the right of way while turning left in front of the victim in St. Mary’s County, Maryland. Steve’s client was thrown from his Harley Davidson and suffered multiple injuries resulting in two surgeries. Suit was filed and the case settled for $325,000.00.

$200,000 - Steve’s client, an elderly lady from West Virginia, was seriously injured when the car she was traveling in was struck by a negligent driver in Garrett County, Maryland. The lady suffered a broken back and detached retina. Steve negotiated a $100,000.00 settlement with the defendant driver’s insurance company and was successful in getting his client’s West Virginia insurance company to “stack” an additional $100,000.00 for a total settlement of $200,000.00.

$100,000 - Steve represented a five year old Eastern Shore boy who was struck by a vehicle driving on the wrong side of the road while the boy was riding his bike. Steve's client suffered a traumatic brain injury and serious fractures which required him to spend an extended period of time in a rehabilitation center. The boy now has permanent brain damage. The case settled for the driver's policy limits of $100,000.00.

$95,000 - Steve represented a 36-year-old Cecil County man who was rear ended while stopped at a red light. The force of the impact was severe and his client’s vehicle was totaled. Steve’s client suffered a cerebral concussion, a C5-6 disc herniation, and a L2-3 disc protrusion. He received a 30% whole-body permanent disability rating. Steve settled the case with the insurance company for $95,000.00.

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