Is Driver Fatigue Considered Negligence?

Driving while sleep-deprived is dangerous and increases the risks of an accident in a similar manner to drugs and alcohol.  Tired drivers struggle to react to road conditions and are less likely to observe traffic signals and respond appropriately to hazards on the road.

Driving while fatigued or drowsy is considered to be negligence in New Jersey and if you have been injured by a fatigued driver you may be entitled to compensation.  However, proving that another driver was fatigued at the time of an accident is often difficult and retaining an experienced attorney can make all the difference.  At Mazie Slater Katz & Freeman, our experienced auto accident attorneys are familiar with the challenges of proving that another driver was fatigued and will carefully examine all of the details of your case. 

What is Driver Fatigue?

You should take care to avoid driving while tired by getting enough sleep before driving, taking frequent breaks, avoiding driving alone, and getting off the road when you are too tired to drive. Symptoms of driver fatigue may include:

  • Yawning
  • Heavy Eyelids
  • Restlessness
  • Inability to concentrate prior to or after an accident.
  • Inability to recall the events immediately prior to an accident.

How to identify drowsy driving:

Because there is no way to test for driver fatigue it can be difficult to prove that another driver was drowsy unless you were in the same vehicle.  After an accident, there are some other indicators that another driver was fatigued at the time of an accident: 

  • Video evidence or eyewitness testimony
  • The driver’s risk factors for tiredness including late work, long drives, and history of medical conditions such as sleep apnea that decrease the amount and quality of sleep.
  • Evidence that indicates that a vehicle was drifting across lanes or completely failed to apply the brakes before a collision
  • In accidents involving trucks, the driver’s working hours and breaks are documented by the vehicle’s black box.

Injured in a Car Accident because of Driver Fatigue in New Jersey? Contact Mazie Slater

At Mazie Slater Katz & Freeman, our experienced car accident attorneys have a long history of success in pursuing auto accident claims.  Contact our firm for a free consultation at (973) 228-9898.  We are ready to discuss your accident and aggressively pursue your rights to far compensation for your injuries or the death of anyone close to you. You can also read more about our numerous successes.