Can You Sue a Driver for Falling Asleep at the Wheel and Causing an Accident?
Greenstein & Pittari, LLP – Trusted New York City Personal Injury Attorneys
Every year, thousands of New Yorkers are injured in asleep-at-the-wheel accidents caused by fatigued drivers on the FDR Drive, Cross Bronx Expressway, Brooklyn-Queens Expressway, and Long Island Expressway.
Few people realize that drowsy driving is just as dangerous as drunk driving. According to the National Highway Traffic Safety Administration (NHTSA), staying awake for 20 hours impairs a driver as much as a 0.08% blood alcohol concentration – the legal limit for intoxication.
At Greenstein & Pittari, LLP, we represent victims of fatigue-related and asleep-at-the-wheel crashes across Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, and Westchester County. If another driver’s exhaustion caused your injuries or a loved one’s death, our NYC car accident lawyers are ready to fight for the justice and compensation you deserve.
Falling Asleep at the Wheel Is Negligence Under New York Law
Driving while fatigued-or falling asleep while driving-is negligent behavior. Every motorist has a legal duty to remain alert and avoid creating unreasonable danger. When a driver ignores clear warning signs of exhaustion, they breach that duty.
Victims of drowsy driving accidents can pursue compensation through an insurance claim or personal injury lawsuit for:
- Hospital bills and ongoing medical treatment
- Lost wages and loss of future earning capacity
- Pain and suffering
- Property damage
- Emotional distress
- Wrongful death damages for surviving families
When a driver shows reckless disregard for human life-for example, knowingly continuing to drive despite extreme fatigue-their behavior may constitute gross negligence, entitling victims to punitive damages.
Why Drowsy Driving Is So Dangerous
Fatigue has many of the same effects on the body as alcohol. Sleep-deprived drivers experience:
- Slower reaction times and reduced hazard awareness
- Difficulty maintaining lanes and controlling speed
- Impaired decision-making and delayed responses
- “Microsleeps” – involuntary lapses in consciousness lasting seconds
- Missed traffic signals or stopped vehicles ahead
At 55 mph, a car travels the length of a football field in just four seconds – enough for disaster when a driver’s eyes close.
According to the New York State Department of Motor Vehicles (DMV), fatigue contributes to more than 3,600 crashes each year statewide, many resulting in catastrophic injuries or fatalities.
Common Causes of Drowsy Driving Accidents in New York City
Many fatigued driving accidents in NYC involve:
- Lack of adequate sleep or untreated sleep disorders (e.g., sleep apnea)
- Long shifts or overnight work schedules
- Extended driving without rest breaks (common for truckers and rideshare drivers)
- Alcohol or prescription medications that cause drowsiness
- Monotonous driving on interstates, bridges, and tunnels
High-risk groups include commercial truck drivers, Uber and Lyft drivers, delivery workers, night-shift employees, and medical personnel-all of whom frequently operate under pressure to stay on the road despite fatigue.
When a Truck Driver Falls Asleep at the Wheel
An asleep-at-the-wheel truck accident can cause catastrophic harm due to the vehicle’s massive size and weight. Federal Hours of Service (HOS) regulations limit the amount of time truckers can drive, but violations are common.
Trucking companies and employers can be held liable when they:
- Pressure drivers to ignore rest breaks
- Encourage falsifying logbooks or electronic logs
- Fail to screen drivers for sleep disorders
Our NYC truck accident attorneys collect and analyze critical evidence, including:
- Electronic logging device (ELD) and black box data
- Driver logs and dispatch records
- Lack of braking or steering input before impact
- Dashcam and surveillance footage
- Medical and toxicology reports
How to Prove the Driver Fell Asleep or Was Fatigued
Proving drowsy driving requires a detailed investigation. Evidence may include:
- Police reports and officer observations
- Eyewitness statements about swerving or drifting
- Event data recorder (EDR) information
- Cell phone, GPS, or work records showing long periods awake
- Medical or prescription records showing sedative effects
- Expert testimony from accident reconstructionists or sleep specialists
Even without a confession, circumstantial evidence can prove that the driver’s fatigue or inattention caused your crash.
What to Do After a Drowsy Driving Accident in NYC
- Call 911 immediately – report the crash and request medical help.
- Document the scene – take photos, videos, and note skid marks or lack thereof.
- Get witness contact information.
- Request a police report – officers often note signs of fatigue.
- Avoid social media posts about the accident or injuries.
- Contact Greenstein & Pittari, LLP before speaking with insurers.
Insurance companies may try to downplay drowsy-driving claims-we’ll ensure your rights and evidence are protected.
New York Filing Deadlines
Act quickly to protect your claim:
- Personal injury: 3 years from the date of the crash
- Wrongful death: 2 years from the date of death
- Government or municipal claims: File a Notice of Claim within 90 days
Because key evidence, such as surveillance and black box data, can disappear quickly, it is crucial to contact an attorney early.
Damages Available to NYC Drowsy Driving Victims
Our attorneys fight to recover full compensation for:
- Medical care and rehabilitation
- Lost income and career impact
- Pain and suffering
- Property damage
- Emotional trauma
- Permanent disability or scarring
- Wrongful death losses
If the driver acted recklessly, punitive damages may also apply.
How Greenstein & Pittari, LLP Can Help
Our firm has decades of experience representing accident victims throughout New York City. We combine deep legal expertise with compassion and a commitment to achieving results.
When you hire Greenstein & Pittari, we will:
- Conduct a thorough accident investigation
- Gather and preserve crucial evidence
- Work with leading accident and medical experts
- Negotiate assertively with insurance companies
- Take your case to trial if needed – we don’t back down
You pay no upfront fees-we only get paid if we win. That’s our “Fee Guarantee” and our promise that you’ll never be a victim twice.
Why Choose Greenstein & Pittari, LLP
- Experienced NYC personal injury lawyers with proven results
- Local offices in Harlem, the Bronx, Brooklyn, Queens, Staten Island, and Nassau County
- Bilingual attorneys and staff serving English and Spanish-speaking clients
- Recognized by Best Lawyers, Super Lawyers, and other top legal organizations
- Hundreds of five-star client reviews
- Free consultations and contingency-based representation
Call 1-800-VICTIM2 (1-800-842-8462)
For a free consultation with a New York City drowsy driving accident lawyer.
Frequently Asked Questions About Asleep-at-the-Wheel Accidents in NYC
Can I sue a driver who fell asleep at the wheel in New York City?
Yes. Falling asleep while driving is negligence. If the other driver’s fatigue caused your injuries, you can file a personal injury claim or lawsuit to recover compensation.
What if the at-fault driver was working?
If the driver was a truck driver, delivery worker, or rideshare driver, their employer may also be liable for negligent hiring, supervision, or scheduling practices.
How long do I have to file a claim?
You generally have three years from the crash date for personal injury and two years for wrongful death. If a government vehicle was involved, you must file a Notice of Claim within 90 days.
How can I prove the driver was asleep?
Evidence such as a lack of braking, black box data, eyewitness accounts, or long driving hours can establish fatigue. You don’t need direct proof that the driver “fell asleep.”
Do I need a lawyer for a drowsy driving claim?
Yes. Drowsy driving cases often rely on complex evidence. A skilled New York City car accident attorney can collect and present proof of negligence and fight for maximum compensation.
Speak With a New York City Drowsy Driving Accident Lawyer Today
If a fatigued or sleeping driver caused your crash, don’t wait. Greenstein & Pittari, LLP will stand by your side, protect your rights, and fight for the full compensation you deserve.
Call 1-800-VICTIM2 (1-800-842-8462)
Feel free to contact us online for a free, confidential case evaluation.
We proudly serve clients throughout Manhattan, Brooklyn, Queens, the Bronx, Staten Island, and surrounding areas.
Don’t be a victim twice-call Greenstein & Pittari today.