When people say don’t drive impaired, most people think it relates only to not driving under the influence. However, driving while you’re falling asleep at the wheel is another form of impairment that a lot of people don’t talk about. This is exacerbated across California thanks to the long commutes the average person has when they go to and from work or school. Drowsy accidents happen all the time, especially on rural roads and highways. If you or your loved one is hit by a driver asleep at the wheel, contacting a San Joaquin personal injury attorney can help you recover the costs of their medical expenses.
What Happened?
In May 2026, a mechanic died after a sleeping big rig driver slammed into him on Interstate 5 in San Joaquin County. The mechanic was on the right-hand shoulder underneath his own semi that he was in the middle of fixing.
During this time, another semi-truck full of cardboard going at 50 mph was coming down the road. The driver was starting to fall asleep at the wheel as he barreled down the interstate. Unfortunately, the driver rammed into the big rig on the shoulder, crushing the man underneath the undercarriage.
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Why Was the Big Rig Driver Sleepy?
Current investigators do not know the cause of the driver’s sleepiness. However, the average truck driver works long hours on the road, transporting goods across the country. The crash happened at 6 in the morning, so the chances of the driver being near the end of a long shift are high.
When Do Drowsy Crashes Happen?
Drowsy crashes can happen at all times of the day. The data presented by the National Highway Transit Safety Administration (NHTSA) suggests that the peak hours for these types of accidents are between 12 a.m. to 6 a.m. and 3 p.m. to 6 p.m. due to a dip in people’s circadian rhythm. These crashes usually result in the injury of the single driver, and they mostly happen on rural roads and highways.
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Why Do They Happen?
There are multiple reasons why these crashes happen. Being sleepy is something everyone experiences for various reasons. These are some of the more common reasons that can affect a driver on the road.
Sleep Deprivation
If you don’t get enough sleep, chances are high that you’ll find yourself yawning and drifting off throughout the day. If you’re someone who works odd hours and can’t maintain a consistent schedule, this also impacts your ability to get the full recommended 7-9 hours of rest.
Sleep Disorders
Sleep apnea, narcolepsy, and restless legs syndrome are examples of disorders that make it difficult to stay awake or fall asleep.
Medications
Taking any form of pain killers, antidepressants, and anti-anxiety medications can lead to sleepiness. If you know you’ll be driving soon and if you know your medication will make you drowsy, avoid taking your medication unless you have someone else to drive.
Alcohol
Driving under the influence is illegal for various reasons. Alcohol happens to be a substance that also causes drowsiness. If you know you’ll be drinking, have a back up plan ready. This will make the roads safer for everyone.
Driving for Long Periods
Road trips and trucking deliveries can mean long hours on the road. If you find yourself driving for a long period of time, it’s recommended you take a rest in your car, at a hotel, or at a rest stop.
Why Do I Need a Personal Injury Attorney?
Filing an injury claim without any guidance can be frustrating, especially when you also must deal with insurance adjusters who try to lowball or invalidate your claims. Having a San Joaquin personal injury lawyer can help you in various ways. You have at least two years to file a personal injury case, but it’s best to file sooner rather than later.
Collect Evidence
If you find yourself in an accident, it is up to you to gather evidence at the scene before speaking with a personal injury lawyer. This includes contact information, insurance policy numbers, photos, videos, and witness testimonies, if possible.
A lawyer can also launch their own private investigation using the information and evidence you provided for them. They can also get access to cybersecurity and surveillance experts to find out if media was tampered with before submission.
Determining Damages
Using the evidence provided, an attorney can calculate how much you can be compensated for in terms of economic and non-economic damages.
Economic Damages
These damages are concrete and have a fixed value to them. This includes medical expenses, property damage, and lost wages.
Non-Economic Damages
These are damages that have no set value. This makes the damage cost hard to calculate, but depending on the evidence provided, you can gain compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
Finding Fault
The key part in a personal injury case is finding fault. In California, lawyers practice comparative negligence which states all parties involved in an accident hold fault. However, the percentage is determined by using all the evidence both parties submit to their insurance adjusters and lawyers.
Negotiating
Negotiating compensation with insurance adjusters can be stressful. Insurance companies are known to think about their bottom line over the people in their care. It’s common for an insurance company to lowball your compensation even with various medical reports and expenses.
If you have a personal injury attorney, they can negotiate in your stead. This can help you and your family focus on recovery while your lawyer fights for your proper compensation on your behalf.
Preparing for Trial
In many cases, personal injury cases do not go to trial. However, in the rare case that it does, your lawyer is prepared to fight for you. Your lawyer’s intimate knowledge of your case and their access to experts can be a winning recipe for you in court. Remember that most lawyers work on contingency fees, so you will only pay if you win.
FAQ
What Percentage Are Contingency Fees?
In California, lawyers usually receive anywhere between 35 to 45 percent of the total recovery, depending on when a settlement is made. If it is made before a lawsuit is filed, then it’s on the lower side. If not, you’re looking at the higher side of the scale. In some cases, the judge handling the case can also assign a contingency fee.
What Can I Recover in a Personal Injury Case?
In California, a personal injury case can only help someone with compensation. The hope is that the monetary compensation will help restore the plaintiff back to the state they were in prior to the accident by awarding them the money necessary to make that possible.
Is There a Maximum to What I Can Be Compensated For?
In California, there is no maximum amount you can recover for economic damages. There is a cap for non-economic damages that is currently at $250,000. If you’re in an accident, speak to a San Joaquin personal injury attorney to find out your potential compensation.
How Long Do Personal Injury Cases Take?
The average personal injury case can take anywhere between 6 months to a few years, depending on the circumstances. If you go to court, you’ll be looking at a half a year. If not, then your resolve time will be closer to a couple of years depending on the circumstances of the case.
Do I Always Need a Personal Injury Lawyer?
No. However, having one in your corner can’t hurt. Having a personal injury lawyer means having access to a legal network that fights for your best interest.
Keeping Los Angeles Safe from Drowsy or Drunk Drivers
At Vaziri Law, LLP, we help our clients by using our legal expertise to give you a legal analysis of your case and injury, access to medical care, open communication, and virtual consultations. Our lawyers work on contingency, so you will never pay out of pocket for our services. We only collect a fee if we can secure your compensation.
