Drowsy Driving Car Accident Claims
Las Vegas, Nevada
Drowsy driving accidents
If your fall asleep accident crash resulted in a severe injury, call us at 702-432-1000 to discuss your case.
We don't charge for consultations.
Drowsy driving defined
Drowsy driving is a general term that describes individuals operating a vehicle while sleepy, tired, or fatigued.
Drowsy driving accident statistics
The NHTSA (National Highway Traffic Safety Administration) reported that in 2017, we had 795 fatalities in motor vehicle crashes that involved drowsy drivers and 1,306 drowsy drivers involved in fatal crashes (or almost 3 percent).
According to the National Sleep Foundation, "about half of U.S. adult drivers admit to consistently getting behind the wheel while feeling drowsy." Furthermore, about 20% admit to falling asleep behind the wheel at some point in the past year. Also, more than 40% admitted this had happened at least once in their driving careers.
Drowsy driving laws
Driving when feeling sleepy is dangerous, as dangerous as other types of illegal driving, like driving under the influence of alcohol, drugs, aggressive driving, or driving and texting.
However, driving when feeling sleepy isn't illegal. The reason is - it is hard to reinforce the law. The police can use a breathalyzer or blood test drivers who are presumably driving under the influence of alcohol or drugs. However, we don't have an equivalent test to verify that someone was too sleepy to drive safely.
Other legal problems can arise from sleep deprivation. Sleep deprivation impairs your driving as severely as alcohol or drugs and increases the risk of experiencing road rage, which is illegal.
Falling asleep while driving
If you get drowsy while driving, it is best to get off the road, find a safe place, and take a 15 to 20-minute nap. Having two cups of strong coffee may help too.
Who is at risk the most?
While any driver may drive feeling sleepy from time to time, below are the groups of drivers who are at high risk of getting in an accident:
• Commercial drivers who operate vehicles such as a tow truck, tractor-trailer, 18 wheeler, semi-truck, or bus. Keeping sleep and break logs ("sleeper-berth time" regulations) is required for commercial vehicle drivers.
• Drivers who work the night shift or long shifts.
• Drivers with untreated sleep disorders.
• Drivers who use prescribed medications that make them sleepy.
Most drowsy driving crashes occur between midnight and 6 a.m. or late afternoon.
Drowsy driving and commercial vehicle accidents in Las Vegas
Many federal and local government laws control commercial vehicles' operations and are designed to prevent drowsy driving accidents. One of them - to limit the number of hours a driver can be behind the wheels. The driver of a tractor-trailer, 18 wheeler, semi-truck, or bus must record working hours using a logbook. It includes outlining the total number of hours spent driving and resting. Also, the time at which the change of duty status occurred.
Drowsy driving: Who is liable for an accident?
In Las Vegas and Nevada, the at-fault driver (or driver's insurance) will pay for all damages up to the driver's policy's liability limit.
Nevada is a comparative negligence state, which means - even if you are partially at fault for your drowsy driving crash, you still are entitled to compensation.
After a drowsy driving crash
In most cases, you need the money to pay for your medical bills, auto repair, loss of wages, pain and suffering. Usually, the medical bills can be some of the highest costs for drowsy driving injury victims.
How long does it take for an auto accident claim to settle?
The drowsy driving injury claim may take between 6 months or 2 years to settle. When accidents involve multiple victims and more than one vehicle, it may take longer.
When passengers involved
Passengers are usually not at fault. When a passenger or multiple passengers are involved in a drowsy driving accident or fall-asleep crash, they can collect in full from anyone.
However, according to NHTSA, most drowsy driving crashes involve a single vehicle, with no passengers besides the driver, running off the road at a high rate of speed with no evidence of braking. Drowsy driving accidents frequently occur on rural roads and highways.
Time limits to bring a case
In Las Vegas and Nevada, the personal injury victim has two (2) years to file a claim. Drowsy driver accidents fall into this category.
If you need more information, call us at 702-432-1000 and ask to speak with a personal injury attorney.
How attorneys get paid for a drowsy driver accident
We take all personal injury accident claims on a contingency basis, which means - you only pay if we get settlement money for you.
We can help
The result of motor vehicle accidents could be devastating and can cause a head injury, back injury, and even wrongful death.
Attorneys at Heshmani & Associates helped many clients injured in motor vehicle accidents caused by drowsy driving to get full and fair compensation to pay for their medical bills and other damages.
While no attorney can reverse an accident's unfortunate event, we can get you the money to pay for medical bills and other damages.
We will identify the at-fault party, analyze evidence to support your auto accident claim, and calculate your losses (past, present, and, in some cases, future medical bills), missed work, and other accident-related expenses. We will prepare and submit a demand letter to the appropriate insurance company or companies seeking full compensation for your injuries and losses.
If you are a victim of an accident caused by a fatigued and drowsy driver, call us at 702-432-1000 to discuss your case.
If you cannot visit the office because of your injuries, we can schedule a home or hospital visit.
We represent clients in Las Vegas, Henderson, North Las Vegas, Summerlin South, Boulder City, Laughlin, Mesquite, Clark County, and throughout the surrounding areas of Nevada.
We also represent tourists who got injured while vacationing in Las Vegas and Nevada.
The initial consultation is always free.
Walk-ins are welcome!
Additional Resources:
Drowsy Driving
Las Vegas and Nevada DMV Drowsy Driving Safety Tips. Avoid Drowsy Driving: What works and what doesn't work.
Interventions for Drowsy Driving. Crash avoidance technologies and medical labels.
Drowsy Driving: Who is at Risk?. Facts and statistics of drowsy driving.
Tips to Drive Alert. How to avoid driving drowsy.