Legal Liability for Falling Asleep at the Wheel
In Colorado, drivers who fall asleep at the wheel and cause an accident can be held liable for the resulting damages. Losing control of your vehicle due to drowsiness is generally considered negligent behavior, which forms the foundation for liability in personal injury cases.
If you have been injured in an accident caused by a drowsy driver in Colorado, reach out to us at Downs, McDonough, Cowan & Foley, LLC in Durango, Colorado. We can help you understand your rights and support you throughout the accident’s aftermath.
If you fell asleep at the wheel and caused a collision, we understand that it may not have been intentional or malicious. We're still happy to meet with you and discuss your case, and we can help you determine if another party involved in the accident may also be liable for their actions.
What Is Negligence in the Context of Falling Asleep at the Wheel?
In legal terms, negligence refers to failing to take reasonable care to avoid causing injury or loss to another person. Falling asleep while driving is a clear example of negligence. Colorado law considers drivers responsible for ensuring they are fit to operate a vehicle, which includes being adequately rested. If a driver ignores signs of drowsiness and an accident occurs, they are likely to be found negligent.
Colorado Is a Fault State
Similar to other situations, Colorado operates under a “fault” insurance system, meaning the driver who is determined to be at fault for the accident is liable for the damages. Falling asleep at the wheel can considerably tilt fault towards the sleepy driver.
Colorado also follows the “comparative fault” rule, meaning that—during a settlement process decided by a claims adjustor or by a judge—the drivers will be assigned a degree of fault, which then determines how much they can recover or need to pay. For instance, if you are found 30% at fault in an accident caused by another driver falling asleep, you could still recover 70% of your total damages.
Will Insurance Cover the Expenses?
The extent of coverage will depend on your insurance policy. However, Colorado law requires all motorists to carry bodily injury liability and property damage liability insurance, which typically covers some of the accident-related expenses. But depending on the circumstances of your case and the resulting damages, your coverage may not be enough.
It's crucial to understand the specifics of your policy and the extent to which your insurance can provide coverage and to consult an auto accident attorney in case you need to explore more options for compensation.
Falling Asleep at the Wheel Is a Common Cause of Truck Accidents
According to the National Highway Traffic Safety Association, drowsy driving was reportedly involved in 1.8% of fatal crashes from 2017 to 2021. Truck drivers, who often operate on tight schedules and endure long hours behind the wheel, are particularly vulnerable to drowsiness. Fatigue can significantly impair a driver’s reaction time, judgement, and overall ability to maintain control of the vehicle.
The monotonous nature of long-haul routes, coupled with irregular sleeping patterns and the pressure to meet delivery deadlines, exacerbates the risk of fatigue among truck drivers. This not only endangers the truck drivers themselves but also poses a significant threat to other road users.
Trucks are massive vehicles compared to many fellow road-sharers, making them more prone to causing severe damage in the event of an accident.
Recognizing the danger of drowsy driving, regulations require rest breaks and limit the number of consecutive hours a truck driver can legally operate their vehicle. Despite these measures, the demand for timely deliveries and the reality of the trucking lifestyle make falling asleep at the wheel a persistent issue in the industry.
Is Drowsy Driving on the Rise?
Recent studies indicate that drowsy driving is a growing concern on American roads, particularly for teens. A National Sleep Foundation study found that about one in six adolescent drivers reported driving drowsy. This led the principal investigators to infer that 1.7 million teenage drivers have driven drowsy, and over 400,000 teens drive drowsy at least once per week.
Further reading: Are Parents Liable for an Accident Caused by Their Teen?
Various factors contribute to this alarming trend, including longer commuting times, increased stress, and insufficient sleep. As modern life becomes more demanding, many individuals find themselves sacrificing adequate rest to meet work, family, and social obligations.
The rise in the use of technology, particularly smartphones and laptops, which emit blue light that can disrupt sleep patterns, further exacerbates the problem.
In addition to personal habits, the structure of certain industries, such as trucking and delivery services, often imposes rigorous schedules on drivers, increasing the likelihood of fatigue. Despite regulatory efforts to enforce rest breaks and limit driving hours, many drivers still push their limits to meet tight deadlines.
But, along with our lifestyles evolving, so is technology. Auto features like lane-keeping assist and other advanced driver assistance systems (ADAS) can help mitigate the risks associated with drowsy driving.
How to Avoid Drowsy Driving
Prioritize sleep: Ensure you get a full night’s sleep before driving. Adults typically need seven to nine hours of sleep to function optimally.
Plan rest breaks: On long trips, schedule regular breaks every two hours or 100 miles. Use these breaks to stretch, get some fresh air, and re-energize.
Avoid alcohol and sedatives: Alcohol and certain medications can exacerbate drowsiness. Be cautious with any substance that can impair your alertness.
Travel with a co-driver: If possible, share the driving responsibilities with another person. This allows one driver to rest while the other drives.
Stay hydrated and eat light: Dehydration and heavy meals can contribute to fatigue. Drink water and consume light, healthy snacks to maintain energy levels.
Engage in stimulating activities: Listen to music, a podcast, or an audiobook to keep your mind engaged. Adjust the temperature to a cooler setting to stay alert.
Use technology wisely: Leverage auto features like lane-keeping assist, adaptive cruise control, and other advanced driver assistance systems (ADAS) to enhance safety. However, these should supplement, not replace, your alertness.
Be aware of warning signs: Learn to recognize signs of drowsiness, such as frequent yawning, difficulty focusing, or drifting out of your lane. If you notice these signs, pull over to a safe location to rest or switch drivers.
By incorporating these practices into your routine, you can significantly reduce the risk of drowsy driving and contribute to a safer driving environment. As injury lawyers, we've seen too many tragic accidents caused by falling asleep at the wheel. We urge all drivers to prioritize their safety and the safety of others on the road by avoiding getting behind the wheel when drowsy.
If you have been injured in an accident caused by a drowsy driver, our firm at Downs, McDonough, Cowan & Foley, LLC is here to help.
Dependable Legal Advocacy When You Need It Most
If you or someone you know has caused an accident by falling asleep at the wheel in Colorado, and you need help understanding your next steps, remember that you have options.
Our team at Downs, McDonough, Cowan & Foley, LLC is here to assist. Our attorneys—David Downs, Jamie McDonough, Chris Cowan, and Meg Foley—are dedicated to supporting you and your family. We will listen to your story, help you explore your options, and pursue the best possible outcome for your case.
From Durango to Telluride, Pagosa Springs, Cortez, and The Four Corners, we treat our clients like members of the family. Contact us today for a consultation.