Drowsy Driving Is Real But Challenging
Brian O Sutter
Traffic Accidents
In the case of the majority of traffic accidents caused by human error, the cause is usually pretty easy to legally determine and prove, even when a person seeking to avoid restitution or fault is lying to try to avoid fault. Drunk driving, for example, is very easy to prove in the aftermath. A simple breathalyzer test administered by a police officer can quickly determine that a person claiming sobriety is lying or telling the truth. This is also the case if a person is under the influence of drugs, though in this instance a blood or urine test is usually required.Even with something like distracted driving, there is often evidence of the driver not paying attention to the road. Social media usage can be tracked, photos and videos may be left on the phone of events in the moments before the accident occurred. Even when drivers take steps to delete incriminating photos, videos or instruct friends to delete text messages, that traces of this evidence erasure can be detected by forensic computer technology.
But there is one accident cause this more difficult to pin down, especially when it comes to presenting evidence in court, and that is an accident caused by distracted driving.
Not Tired Anymore
Humans are diurnal organisms, which simply means that we are at our most alert and efficient during the daytime. As night arrives our circadian rhythms, or “body clock” tell us it is now time to shut down after a long day, recharge, and get some sleep. We feel tired, we become less alert, and our bodies prepare to go into “low power mode” for the night and rest.
This is why, between the hours of 11 pm and 8 am, accidents nationwide are more likely to happen. Even if a person’s reflexes haven’t been compromised by alcohol, drugs, or paying attention to a phone, the need for sleep can have just as powerful an effect on impairing driving skills an actual substance in the bloodstream.
Unfortunately, once an accident occurs, everyone involved in the accident, including the once drowsy driver, will experience a jolt of adrenaline from the incident itself. This will serve to keep everyone awake and alert. Simply put, the police have no technology or technique available to them to use as evidence in court that a person was sleepy, because now, in the aftermath of the accident, they certainly aren’t acting like it. So even if you suspect that the accident you were in might have been caused by the other driver nodding off at the wheel, that exact cause will be extremely difficult to prove in court.
However, even if the exact cause of a driver error may be difficult to nail down, the fact that you were not at fault and someone else was, should be much more straightforward, especially for an accident lawyer. An auto accident case should have an experienced attorney conducting both the case and investigation. If you can get one on your side, you’ve made your case much simpler and easier to resolve.