If a Driver Fell Asleep at the Wheel and Someone Died, Is It Wrongful Death?
Yes, if a driver falls asleep while driving and causes a fatal crash, it is classified as wrongful death in Florida. In such cases, you can recover compensation for medical expenses, funeral costs, loss of financial support, and emotional suffering under Florida’s Wrongful Death Act (§768.19).
At Todd Miner Law, our car accident attorneys help you hold drivers accountable for fatal crashes caused by drowsy driving. We review work schedules, driver logbooks, and company records to prove that the driver was fatigued. Since our law firm is based in Orlando, we also have strong familiarity with local courts, judges, and procedures, which helps us avoid unnecessary delays. Call 407-894-1480 today for immediate legal help across Orlando, Lake Mary, and Longwood.
Can You File a Wrongful Death Claim If a Driver Fell Asleep and Caused Death?
Yes, you can file a wrongful death lawsuit if a driver fell asleep while driving and caused the death of your loved one. To file a claim, you must gather evidence proving the driver’s negligence, including police reports, work schedules, and logbooks. Once you collect the evidence, the personal representative of your loved one’s estate must initiate the lawsuit under Florida’s Wrongful Death Act (§768.19).
Under this law, the following surviving family members can recover compensation after a car accident wrongful death:
- Surviving spouse for companionship loss, emotional pain, and suffering.
- Minor children (and adult children if they are financially dependent).
- Parents of the deceased, if they are financially dependent, or if no spouse/children survive.
- Any blood relative or adoptive sibling who was financially dependent on the deceased.
For example, in a case reported in Florida, a jury awarded $1 billion in damages after two crashes in 2017. The first crash, caused by Russel Rogatenko, who exceeded legal driving hours, created a traffic block. 90 minutes later, driver Yadwinder Sangha, who had been driving 25 hours, rear-ended stopped vehicles, killing 18-year-old Connor Dzion. The jury awarded $900 million in punitive damages and $100 million in wrongful death damages against AJD Business Services (employer).
Does Florida Law Consider Falling Asleep While Driving Negligence?
Yes, falling asleep while driving is considered negligence under Florida law. When a driver falls asleep while driving and causes a motor vehicle accident, the law classifies the conduct as a failure to meet the safety standard. This failure makes the driver fully responsible for all resulting injuries, damages, and losses. In such cases, you and your family can seek compensation for medical bills, funeral expenses, lost income, and emotional suffering.
How Do You Prove Wrongful Death When a Driver Falls Asleep at the Wheel?
After a drowsy driving accident, you must gather evidence such as event data recorder (EDR), police reports, autopsy records, and black box footage to prove wrongful death. You should also collect GPS tracking data and mobile phone records to prove that the driver was fatigued and caused the wrongful death. Then, collect witness statements from bystanders or passengers who saw the crash. Their statements can confirm the driver’s behavior before and during the accident and strengthen your case.
After collecting the evidence, contact our attorneys at Todd Miner Law. With recognition from Super Lawyers, our team investigates every detail of the crash to prove the driver’s negligence and how it caused the crash. Moreover, our experienced attorneys handle all legal filings, gather expert testimony, and subpoena the police report to ensure you can recover maximum compensation for your damages.
Does “Medical Emergency” Defense Apply in Drowsy Driving Wrongful Death Case?
No, the “medical emergency” defense does not apply in a drowsy driving wrongful death case. Under Florida law, a medical emergency defense is valid only if a driver experiences a sudden and unavoidable medical emergency. However, falling asleep from fatigue fails to meet this standard, which makes the driver legally responsible for any resulting accident.
How Do Florida Jury Verdicts Assess Drowsy Driving Fatalities?
To assess drowsy driving fatalities, Florida juries first examine whether the driver failed to exercise reasonable care, such as driving for extended hours or ignoring rest requirements. They review work schedules, logbooks, GPS data, cell phone records, and rest break documentation. After that, juries examine expert analysis to determine fault, including:
- Crash reconstruction experts: Analyze vehicle speed, trajectory, and impact points.
- Medical experts: Assess driver fatigue or sleep disorders
- Vehicle telematics specialists: Interpret black box and event data recorder (EDR) information
- Traffic safety analysts: Review adherence to traffic laws and regulations
Based on this assessment, juries determine the driver’s negligence, assign legal liability, and calculate compensatory and punitive damages. This thorough review ensures that all responsible parties are held liable and pay their share of the damages.
Can Families Recover Punitive Damages in a Drowsy Driving Claim?
Yes, families can recover punitive damages in a drowsy-driving claim under Florida Statutes §768.72, but only if the driver’s conduct is grossly negligent or reckless. For example, if a driver knowingly ignored rest requirements or repeatedly violated traffic laws, the court may award punitive damages to punish the driver. Moreover, the courts award these damages in addition to compensatory damages for medical bills, funeral costs, and emotional suffering.
How Do Insurance Companies Defend Sleep-Related Wrongful Death Claims?
Insurance companies often challenge drowsy driving claims by arguing that a pre-existing medical condition (like undiagnosed diabetes or heart disease) caused the death, rather than the accident. They may also claim that a mechanical failure, weather conditions, or another driver caused the accident. In some cases, insurers try to manipulate work schedules, logbooks, or rest records to downplay the driver’s fatigue.
In addition, insurance companies may use the following tactics to reduce your compensation:
- Question the extent of damages claimed by surviving family members.
- Blame the victim for not taking precautions, such as wearing a seatbelt.
- Delay or deny claims to pressure grieving families into lower settlements.
- Hire expert witnesses to argue alternative causes for the crash.
If Driver Fatigue Caused a Fatal Crash, Todd Miner Law Can Help You Pursue a Wrongful Death Claim!
After a fatal car crash, you may be dealing with intense emotional pain while grieving your family member’s sudden loss. During this painful period of your life, insurance companies often take advantage of your distress and pressure you into accepting unfair settlements.
To protect your rights, our legal team at Todd Miner Law helps you file a wrongful car accident claim. Our personal injury lawyers gather fatigue-related evidence, manage all filings, and handle insurance communications on your behalf. Moreover, we investigate logbooks, electronic driving records, cell-phone data, and hours-of-service violations to expose the negligence insurers try to hide. Call us at 407-894-1480 or 15 Outer Rd, Orlando, FL 32814 to explore your legal options.
FAQs
Can The Driver Be Prosecuted for Falling Asleep at the Wheel?
Yes, in Florida, the law can prosecute a driver for falling asleep while driving if it causes an accident. Florida law classifies drowsy driving as a failure to operate a vehicle safely, which can support charges such as careless driving or reckless driving. Moreover, if the accident results in serious injuries or death, “vehicular assault” or “vehicular manslaughter” charges may apply.
Is Falling Asleep While Driving Covered by Car Insurance?
Yes, insurance generally covers fatal accidents caused by drowsy driving, but coverage depends on the policy. For example, if you have PIP, it typically pays 80% of healthcare expenses and 60% of lost wages, regardless of who caused the crash. Similarly, if your injuries are serious, you may pursue compensation through the at-fault driver’s bodily injury liability insurance.
Do Prior Tickets or Crashes Affect the Wrongful Death Case?
Yes, prior tickets or crashes can impact the wrongful death claim. In Florida, you may use the at-fault driver’s past traffic violations to show a pattern of reckless driving, especially when those incidents involve similar behavior. However, prior tickets do not automatically prove fault. You still must show that the driver’s negligence directly caused your loved one’s death.
How Do Courts Decide Fault if No One Saw the Driver Fall Asleep?
If no one saw the crash, courts and investigators review police reports, vehicle damage, skid marks, EDR records, and traffic footage to determine liability. They also examine cell phone records, work schedules, and medical history to show fatigue. Moreover, Investigators review road conditions and the vehicle’s speed to help prove the driver failed to operate the vehicle safely.
What Is the Punishment for Falling Asleep While Driving?
If the driver falls asleep while driving and the crash results in serious injuries, it may lead to up to 5 years in prison, a $5,000 fine, and license suspension. Moreover, if a death occurs, it can lead to up to 15 years in prison and a $10,000 fine. But the exact penalties are determined by the court based on the circumstances of the crash.
Can Fatigue From Medical Treatment or Illness Be a Defense?
Yes, drivers can sometimes use fatigue from medical treatment as a defense. In such cases, courts review whether a driver’s drowsiness resulted from a medical condition or prescribed medication, which could reduce criminal liability. However, this defense requires strong evidence, such as medical records and doctor statements, to prove that the fatigue was unavoidable.
Can Multiple Drivers Share Fault in a Fatigue-Related Fatal Crash?
Yes, multiple drivers can share fault in a fatigue-related fatal crash under Florida’s comparative negligence rules. For example, if one driver was fatigued and the other driver acted recklessly, the court will assign fault percentages to each party. In this situation, your family can recover damages from each at-fault party based on their share of fault.
