![](https://ijustgothit.com/wp-content/uploads/2024/06/shutterstock_2330981893.jpg)
At some point, most of us have found ourselves struggling to keep our eyes open on the road. In response to the AAA Foundation for Traffic Safety’s most recent survey, 18% of drivers said they’d driven when they were so tired they were having trouble keeping their eyes open at least once in the previous 30 days. 8% said they’d done so a few times.
The percentages who said they’d done so fairly often (.6%) or regularly (.2%) were quite low. Still, when you consider the number of drivers on the road, those tiny percentages turn into large numbers. The most recent data available says there are more than 18 million licensed drivers in Texas. If those percentages hold true, that means about 36,000 drivers on Texas roads who are regularly struggling to stay awake as they drive, and another 108,000 who have that experience fairly often.
Drowsy Driving is High Risk
Driving while fatigued is dangerous. A recent study spanning five years of traffic crashes found that more than 17% of fatal collisions involved a drowsy driver. That’s an average of about 5,000 fatal crashes each year involving drivers who were too sleepy to be safely behind the wheel.
This isn’t new information. Several years ago, a widely-reported study showed the increased likelihood of a car crash when a driver didn’t get enough sleep in the previous 24. Compared with drivers who reported having slept 7-9 hours, the risk of a motor vehicle crash was:
- 30% higher for those who slept 6 hours
- 90% higher for those who slept 5 hours
- 190% higher for those who slept 4 hours
- More than 1400% higher for those who slept less than 4 hours
These increases are based on just a single night of sleep deprivation.
Most drivers recognize the risks of driving when they haven’t had enough sleep. 95% of respondents to the AAA survey mentioned above said they thought someone driving while so tired that they were having trouble keeping their eyes open was very or extremely dangerous. That perception varied somewhat by age, with drivers aged 19-24 the least likely to say the behavior was very or extremely dangerous. This group was also the most likely to say they’d driven while having trouble staying awake in the past 30 days.
Legal Responsibility for Drowsy Driving
A driver on Texas roads has a legal responsibility to follow traffic safety laws and regulations, and to exercise reasonable care to avoid putting other people and their property at risk. Driving while fatigued isn’t explicitly illegal in Texas, but a driver who gets behind the wheel too tired to drive safely will likely be found negligent. A driver whose negligence injures another person or damages their property is typically responsible for compensating the injured person or property owner.
In some cases, the driver might even face criminal charges. For example, Texas law defines reckless driving simply as “driving a vehicle in willful or wanton disregard for the safety of persons or property.” Other charges may also apply, especially if someone is seriously injured or killed.
Fatigued Driving in Commercial Motor Vehicle Cases
A fatigued driver whose sleepiness causes an accident is typically liable for damages, no matter what kind of vehicle they are operating. That’s because it’s negligent to get behind the wheel when you know you’re too tired to drive safely. And, it’s negligent to keep driving if you discover yourself drifting off or struggling to keep your eyes open when you’re already on the road.
In the case of many commercial drivers, though, the question is less subjective. That’s because federal regulations limit the number of hours a big truck driver can drive at a time, and how many hours of rest are required in between.
Next Steps after an Accident with a Sleep-Deprived Driver
If you’ve been seriously injured in a collision with another car or with a commercial motor vehicle, you’ll want to contact an attorney right away. You may or may not know that the driver was operating while fatigued, or be aware of other factors that might impact liability. That’s okay. Take note of what you do observe and schedule a consultation with a Texas car accident law firm as soon as possible, while your memory is fresh and your attorney will have the best chance to gather evidence.
If the vehicle that hit you was a semi-truck or other large commercial vehicle, there may be special issues in play. So, you’ll want to make sure to choose an experienced big truck wreck attorney.
The I Just Got Hit Team is Here for You
The car accident attorneys at I Just Got Hit (Godsey Martin, PC) know how stressful a sudden injury can be, and how difficult it can be to navigate the process of pursuing fair compensation. Our team is dedicated to fighting for car accident victims in Houston, Dallas, and the surrounding areas.