Is Falling Asleep While Driving Considered Gross Negligence?

As you may already be aware, distracted and drowsy driving are two types of driving that can be just as dangerous as drunk driving. That is why it is imperative that you are awake and energized whenever you drive. Especially if you drive a long distance as part of a road trip. Drowsy or sleepy driving is not only dangerous to you and those around you. But it may also come with punitive legal damages. While many of us can admit to having driven while tired, we may not realize how serious it can be. Depending on how tired you become, you may end up falling asleep while driving. If you are driving while tired, fall asleep at the wheel, and then get into an auto accident. As a result, you may be found guilty of negligence.

The National Highway Traffic Safety Administration (NHTSA)

NHTSA has reported that in the United States, more than 90,000 traffic accidents each year are caused by drivers who have fallen asleep while driving. With so many accidents occurring as a result of this phenomenon. That means that thousands of deaths and injuries can be attributed to drivers falling asleep.

With so many individuals suffering personal injuries and fatalities from these types of car accidents. There are tons of personal injury lawsuits filed against sleepy drivers each year. In these cases, it is entirely likely that a driver that has fallen asleep at the wheel can be found guilty of negligence. Per the law, we all have a duty to avoid unreasonable risk while on the road. While many can understand that driving drunk or high would be considered unreasonably risky. They may not know that driving while excessively fatigued can be considered unreasonably risky as well. If you fall asleep at the wheel and cause an accident, it’s likely that as a drowsy motorist, you would face legal liability for any damages or injuries that result.

If you were in an accident that a sleeping driver caused or you fell asleep at the wheel yourself, you should seek legal counsel from an experienced attorney in your area.

Contact Herrman & Herrman P.L.L.C. at 361.882.4357

Our firm is equipped with over 100 years of combined experience handling personal injury cases across Texas. Our outstanding record of favorable settlements and verdicts includes over 20,000 successfully resolved cases. Once we take on a case, we are relentless, and you can rely on us to pursue full compensation for you.

  • You can trust our attorneys to be compassionate and professional.
  • We will fight hard to obtain a fair settlement for you.
  • Our firm represents the injured and families who have lost a loved one due to others’ negligent acts.
  • We serve as counsel in a range of injury cases – including car, truck, motorcycle, bicycle, pedestrian accidents, premises liability cases, product liability cases, and medical malpractice claims.
  • We have the ability to dispatch the Herrman & Herrman Accident Investigative Team to the crash scene to start an investigation and preserve critical evidence.

About the Author

With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims. Start down the road to recovery by contacting us for a free initial consultation and case evaluation.

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