Drowsy Driving Accidents: Holding Drivers Accountable When Fatigue Causes a Crash

California’s long commutes, 24-hour economy, and sprawling highway system make it a prime environment for drowsy driving accidents. Whether it’s a trucker pushing through the night, a shift worker heading home at dawn, or a driver nodding off during a late-night road trip, fatigue behind the wheel can be just as dangerous as alcohol or drugs.

If you’ve been injured by a fatigued driver, you may be entitled to significant compensation. Below, we explain the risks of drowsy driving, the laws that apply in California, and how to build a strong legal claim.

The Hidden Epidemic of Drowsy Driving

The National Highway Traffic Safety Administration (NHTSA) estimates that drowsy driving causes over 90,000 crashes and more than 50,000 injuries in the U.S. each year. Safety experts believe the real numbers are far higher because fatigue is hard to measure after a crash.

Why Fatigue Is So Dangerous

• Slowed Reaction Time: A sleepy driver may brake too late to avoid a hazard.

• Impaired Judgment: Fatigue reduces the ability to assess speed, distance, and risk.

• Microsleeps: Drivers can experience involuntary lapses of consciousness lasting seconds—long enough to cross lanes or miss a red light.

Studies show that staying awake for 18 hours impairs driving ability roughly as much as having a blood alcohol concentration (BAC) of 0.05%. After 24 hours, it’s equivalent to a BAC of 0.10%, higher than the legal limit for DUI.

California Laws and Liability

California does not have a specific “drowsy driving” statute like drunk-driving laws, but existing traffic and negligence laws still provide strong grounds for recovery.

Negligence Per Se

If a fatigued driver violates traffic laws—such as speeding, running a red light, or drifting across lanes—those violations can constitute negligence per se (automatic negligence) when they cause injury.

Employer and Trucking Liability

Commercial drivers are subject to federal Hours of Service (HOS) regulations limiting the number of consecutive driving hours. Trucking companies that pressure drivers to exceed these limits can be held liable for accidents caused by fatigue.

Comparative Negligence

California follows a pure comparative negligence rule. Even if a victim is found partially at fault (for example, speeding or not wearing a seat belt), they can still recover damages reduced by their percentage of responsibility.

Building a Drowsy Driving Claim

Because fatigue leaves no chemical test like alcohol, proving a drowsy-driving case requires a thorough investigation.

Key Evidence

• Police Reports noting driver statements, erratic driving, or lack of braking.

• Work and Sleep Records such as timecards, shift schedules, or hotel receipts.

• Electronic Data from truck black boxes or vehicle event data recorders showing speed and brake usage.

• Cell Phone Records revealing late-night calls or texts that suggest sleep deprivation.

• Witness Testimony from passengers or other motorists who observed the driver weaving or nodding off.

An experienced attorney can issue preservation letters to secure employer records, surveillance footage, and other time-sensitive evidence.

Damages Available to Victims

Victims of drowsy driving accidents may recover compensation for:

• Medical Expenses – Emergency treatment, surgeries, rehabilitation, and future care.

• Lost Income and Earning Capacity – Wages lost during recovery and long-term impacts on employment.

• Pain and Suffering – Physical pain, emotional distress, and diminished quality of life.

• Property Damage – Vehicle repair or replacement costs.

• Punitive Damages – In cases of reckless conduct, such as a commercial driver knowingly violating federal rest rules.

Steps to Take After a Drowsy Driving Accident

1. Call 911 and Seek Medical Care
   Even if injuries seem minor, prompt treatment protects your health and creates medical records for your claim.

2. Gather Evidence
   Take photos of the vehicles, roadway, and any skid marks. Collect names and contact details of witnesses.

3. Avoid Speaking With the Other Driver’s Insurer
   Insurance adjusters may try to get a statement that undermines your case. Refer all communications to your attorney.

4. Contact a Personal-Injury Attorney Quickly
   Evidence such as employer logs or surveillance video can be lost within days. Early legal intervention is critical.

Frequently Asked Questions About Drowsy Driving Claims

How can I prove the other driver was drowsy?

Direct evidence (such as an admission of fatigue) is rare. Instead, attorneys use circumstantial evidence—work schedules, driving logs, phone records, or witness observations of weaving, delayed braking, or drifting lanes—to show the driver was likely sleep-deprived.

What if the driver fell asleep but denies it?

A denial is common. Your lawyer can subpoena cell phone records, electronic vehicle data, and employment schedules to demonstrate that the driver’s account is inconsistent with the evidence.

Can I sue the driver’s employer?

Yes. If the fatigued driver was working at the time—such as a delivery driver, rideshare operator, or trucker—the employer may be vicariously liable. Employers can also be directly liable if they encouraged unsafe scheduling or failed to enforce rest breaks.

How long do I have to file a lawsuit?

In most cases, California law gives you two years from the date of the accident to file a personal-injury lawsuit. If a government vehicle is involved, you must file a government claim within six months.

Will my insurance rates go up if I make a claim?

If you were not at fault, your insurer typically pursues reimbursement from the at-fault driver’s policy. Your rates should not increase, but every policy is different. An attorney can guide you on how to use your coverage while protecting your rights.

Can fatigue be as serious as drunk driving in court?

Absolutely. California courts recognize that sleep deprivation impairs drivers in a way similar to alcohol. Evidence of extreme fatigue—such as exceeding trucker Hours of Service limits—can support claims for punitive damages.

Why Choose B|B Law Group

Drowsy driving accidents are complex because fatigue is invisible and insurance companies often dispute liability.
The attorneys at B|B Law Group:

• Investigate aggressively to uncover employer records, driver logs, and electronic data.

• Work with accident reconstructionists and human-factors experts to prove negligence.

• Negotiate assertively with insurers to secure full compensation.

• Prepare every case for trial to maximize leverage and results.

Bottom Line

Drowsy driving is every bit as dangerous as drunk driving, yet far easier for negligent drivers to hide.
If you or a loved one has been injured in a fatigue-related crash, don’t let the absence of a breath test stop you from seeking justice. Contact B|B Law Group today for a free consultation. We will investigate, preserve critical evidence, and fight for the compensation you deserve.