Fatigued Driving: Proving That the Driver Who Hit You was Drowsy Behind the Wheel

Fatigue is a common factor in car and truck accidents in Ohio. Fatigue impacts people’s driving abilities in several ways, yet many people do not realize that they are too tired to drive until it is too late. If you are facing the consequences of a car or truck accident that you suspect may have been caused by driver fatigue, you will want to consult with an experienced Columbus personal injury lawyer promptly.

Fatigued Driving is Negligent Driving in Ohio

Due to the dangers that driving while fatigued presents, driving while fatigued is considered a form of negligence under Ohio law. This means that when drivers cause accidents because they are fatigued, they can be held liable for victims’ and families’ accident-related losses.

Some of the risks associated with driving while fatigued include:

• Delayed Reactions – Fatigue delays drivers’ reaction times. If a driver isn’t able to respond to an emergency situation on the road at the speed required, this can lead to an accident that could (and should) have been avoided.
• Impaired Judgment – Fatigue can also impair drivers’ judgment. If drivers are less capable of making sound decisions behind the wheel, they are more likely to cause accidents due to reckless or careless mistakes.  
• Impaired Vision – Fatigue can cause tunnel vision, make it difficult to focus, and cause other vision impairments as well. Drivers who can’t see clearly or who can’t see hazards with their peripheral vision are also more likely to cause (or be unable to avoid) serious accidents.
• Erratic Driving – All of the factors listed above can combine to cause fatigued drivers to drive erratically. If a driver’s behavior behind the wheel is unpredictable, this can also significantly increase the driver’s risk of causing an accident.
• Falling Asleep Behind the Wheel – Of course, one of the biggest risks associated with fatigued driving is falling asleep behind the wheel. Falling asleep behind the wheel is extremely dangerous, and accidents involving drivers who are asleep frequently result in severe traumatic injuries.

10 Types of Evidence of Driver Fatigue After a Car or Truck Accident

Let’s say you were involved in an accident caused by a driver who was fatigued (or asleep) behind the wheel. How do you prove it? Some examples of the types of evidence that can be used to prove driver fatigue after a car or truck accident include:

1. Vehicle GPS Data

The at-fault driver’s GPS data could show that he or she had been behind the wheel for an extended period of time prior to the accident. If the at-fault driver drove continuously for several hours before the collision, this could help with establishing a claim based on driver fatigue.

2. Vehicle “Black Box” Data

Modern vehicles continuously generate and store several types of data. This “black box” data can be used to establish driving patterns consistent with fatigue. It can also be used to show that a driver failed to brake prior to a collision or that a driver slammed on the brakes after it was already too late to avoid a collision.

3. Text Messages (from Before or After the Accident)

Text messages can play a key role in car accidents involving several forms of driver negligence. If the at-fault driver texted that he or she was feeling tired before the accident, or if the driver admitted to being fatigued in a text message after the accident, your Columbus personal injury lawyer may be able to obtain the driver’s text messages to help prove liability.

4. Police Report

Likewise, if the driver admitted to being fatigued at the accident scene, this could be reflected in the police report. The police report could contain other information about the responding officer’s observations that are consistent with driver fatigue as well. Your Columbus personal injury lawyer will be able to obtain a copy of the police report from your car or truck accident if you don’t have one.

5. Video Footage

Traffic camera, dash camera, cell phone camera, and surveillance camera footage can all be used to show that a driver was exhibiting symptoms of fatigue or was asleep behind the wheel. While video footage won’t be available in all cases, when it is available, it can serve as strong evidence of liability. Your Columbus personal injury lawyer will be able to work to obtain any available footage on your behalf.

6. Eyewitness Testimony

Similarly, if any eyewitnesses can testify to seeing the at-fault driver failing to brake, drifting out of his or her lane, or nodding off behind the wheel, this testimony can serve as strong evidence of liability as well. When you hire a Columbus personal injury lawyer to represent you, your lawyer will seek to identify any eyewitnesses as part of the investigative process.

7. Forensic Evidence (or Lack Thereof)

Forensic evidence can also be used to prove fatigue in some cases, and, in some cases, a lack of forensic evidence can help with proving fatigue as well. For example, if there are no tire marks from the at-fault driver’s vehicle, this could help with proving that the driver failed to brake due to being either fatigued or asleep at the wheel.

8. Employment Records

If the at-fault driver was working at the time of the collision, your Columbus personal injury lawyer may also be able to obtain the driver’s employment records to help with proving that he or she was fatigued. For example, the driver’s employment records could show that he or she had been driving long hours prior to the crash, or they could show that the driver had just gotten off of a long or late-night shift and was too tired to safely drive.

9. Medical Records

In some cases, drivers’ medical records can also be used to help prove that fatigue was a likely factor in a car or truck accident. For example, if the driver who hit you has been diagnosed with sleep apnea or has been prescribed medications that cause drowsiness, these are facts you are entitled to know in order to determine if you have a claim for just compensation.

10. Testimony Under Oath

Once you hire a Columbus personal injury lawyer to file a claim on your behalf, your lawyer will also be able to take the at-fault driver’s testimony under oath. If the driver who hit you admits to being fatigued at the time of the accident, his or her sworn testimony could play a crucial role in securing the financial compensation you deserve.

What if You Can’t Prove the Driver was Fatigued?

While it will often be possible to use these (and other) forms of evidence to prove that a driver was fatigued (or asleep) at the time of a collision, it won’t be possible to prove fatigue in all cases. Fortunately, proving fatigue isn’t the only way to establish liability. If you were seriously injured in a car or truck accident in which you suspect fatigue was a factor, it may also be able to establish liability by proving forms of negligence such as:

• Drifting Out of the Driver’s Lane – Drifting out of a driver’s lane is a common consequence of fatigue. But, even if a driver isn’t fatigued, drifting out of the driver’s lane and causing an accident can still provide clear grounds for liability.
• Failing to Brake in Time to Avoid a Collision – Similarly, while a driver’s failure to brake in time to avoid a collision could be due to driver fatigue, causing a rear-end collision can provide grounds for liability regardless of why the driver failed to stop.
• Failing to Identify Risks – Failing to identify risks, such as slowing traffic or a road construction zone, can also provide grounds for liability regardless of whether the failure was due to fatigued driving, distracted driving, or other factors.
• Running a Red Light or Stop Sign – Running a red light or stop sign can be extremely dangerous under any circumstances. Here too, regardless of why a driver fails to stop, if the failure leads to a serious accident, it can provide clear grounds for liability.
• Other Common Forms of Driver Negligence – The same applies to many other common forms of driver negligence as well. As a result, if you have been seriously injured in a car or truck accident and you believe the other driver was at fault, you should talk to an experienced Columbus personal injury lawyer regardless of the circumstances involved.

Discuss Your Case with an Experienced Columbus Personal Injury Lawyer for Free

Were you seriously injured in a car or truck accident in which you suspect that driver fatigue may have been a factor? If so, we strongly encourage you to contact us so that we can help you fight for the financial compensation you deserve. To speak with an experienced Columbus personal injury lawyer at Malek & Malek Law Firm as soon as possible, call 888-444-7440 or request a free initial consultation online now.