Tired drivers cause accidents. We have all seen it, and we may have done it ourselves. A tired driver may fall asleep at the wheel. Or he may just lose focus for an instant and make a wrong decision. Drowsiness can impair a driver’s reaction time and even his vision. Drowsy drivers may even be more moody and aggressive than well-rested ones.
Legislation is being considered in some states that would allow police to charge drivers with criminal negligence when an accident has occurred and there is evidence that the driver has not had sufficient sleep. But even if it passes we are not likely to see much enforcement, because drowsy driving is difficult to prove in most cases.
One exception, though, involves over-the-road truckers. A drowsy driver in command of an 80,000 pound vehicle can cause massive damage. So, federal regulations limit truckers in the number of hours they can drive between periods of adequate rest. The regulations also require truck drivers to keep detailed log books documenting their rest periods and driving times, and a driver who goes too long without rest — or falsifies his logbook — can lose his license. In Idaho, it is a misdemeanor charge for a driver to be even a few minutes out of compliance with the federal regulations.
It’s not perfect — the driver might be playing X-Box in the cab instead of sleeping — but it is better than nothing. And, if you have been injured in an accident with a trucker, those logs might provide the evidence to prove that he was in violation of federal and state law for not having enough sleep. Lawyers who are familiar with the rules governing over-the-road truckers can help you make your personal injury case.