Watch for Signs of Driver Fatigue

On June 7, 2014, comedian/actor Tracy Morgan was seriously injured in a highway collision that also took the life of one of his close friends. The incident occurred when the van that Mr. Morgan was riding in at the time was struck from behind by a commercial truck owned by retail giant Wal-Mart. The ensuing investigation later revealed that the driver of the truck had not slept in 28 hours and was extremely fatigued at the time of the crash.

Driver fatigue or drowsy driving, as it is sometimes called, is a leading cause of road accidents in Canada, although often underestimated. According  to research conducted by the Ontario Ministry of Transportation, 26% of all fatal and injury crashes are attributed to driver fatigue, and in 2006, as many as 167,000 Ontario drivers were involved in at least one crash due to fatigue or drowsiness. In 2009, the Traffic Injury Research Foundation (TIRF) conducted a survey of Ontario police officers, which revealed that 95.9% of the officers surveyed believed that fatigued driving was a serious problem and 89.2% ranked it as important as, or comparable to impaired driving.  And in 2008, the Canadian Council of Motor Transport Administrators reported that fatigue was the result of at least 400 deaths and 2,100 serious injuries every year; in 2010, it was concluded that about one in five traffic fatalities in Canada involved a driver who was tired.

So what exactly causes fatigued driving? While many assume that driving long distances is the main cause of driver fatigue, the truth is driver fatigue can be just as much of an issue for short distances as longer ones. That is because driving in and of itself is not always the cause of driver fatigue but rather, in most cases the driver is already tired before they get behind the wheel of the car. The most common causes of this are of course, lack of sleep, physically demanding work, shift work that includes odd working hours, and sleep disorders such as, narcolepsy and hypersomnia, which both include excessive sleepiness. It is also important to remember that fatigue affects some individuals differently than others, due to factors such as age, current state of health, diet and more. For example, a senior citizen may be more affected by a lack of sleep or fatigue than a healthy 20-year old.

That said, there are many common signs and symptoms, which signal driver fatigue in most individuals. Unfortunately, often drivers as well as their passengers tend to ignore these signs. Passengers should be as cognizant of these symptoms as the driver because they are equally vulnerable in the event that driver fatigue results in a collision. The most common signs of driver fatigue include:

• Excessive Yawning
• Blinking Frequently
• Drowsiness
• Burning or Heavy Eyes
• Slower Reaction Times
• Loss of Concentration
• Stiffness and Cramps
• Loss of Motivation
• Missing Exits
• Drifting Erratically Between Lanes
• Memory Lapses (such as forgetting how many kilometers you’ve driven)

Many of these symptoms are in themselves dangerous while driving, such as loss of concentration, slower reaction time and general drowsiness. These symptoms are, in many ways, quite similar to the symptoms of a person who is driving under the influence of alcohol and/or drugs. The fact is, driving while fatigued is a very serious problem that can sometimes lead to devastating accidents and result in serious injuries to drivers, passengers and other road users.

This is exactly what happened when a young mother who was driving herself and her three young children to a dinner with her mother, was involved in a deadly collision with another car.  Tragically, tThe mother and two of the children lost their lives immediately, while the third daughter suffered permanent scarring to her face. The driver who was deemed responsible for the crash and negligent in their actions, was an 18-year old college student who had been awake for more than 24 hours while studying for exams, before deciding to drive home.

Unfortunately, despite the increasing rate of accidents caused by driver fatigue, there are currently no specific laws targeting fatigued driving in Ontario.  One major reason for this is that it is still difficult for crash investigators to accurately measure the influence of fatigue on a crash. However, many provinces are trying to increase education about, and awareness of the issue to motorists and the public at large.

One approach to draw attention to this problem is the use of Drowsy Driver signs in some key locations, such as the 400 Series Highways, to remind drivers of the dangers of fatigued driving and also, to inform them of upcoming exits where they can rest. There are also some devices that can test for driver fatigue by studying the driver’s eye lids, head nodding and lane deviations, which will then provide a warning to the driver that they may be fatigued. However, the effectiveness of these devices has not yet been proven.

Canada and the U.S. have made a collaborative effort to combat the issue, particularly in relation to commercial drivers for whom the risk of accidents due to fatigued driving is particularly high. The North American Fatigue Management Program seeks to address the issue of driver fatigue through a comprehensive approach that involves a number of key and strategic steps.

In the meantime, there are many important steps one can take to avoid fatigued driver incidents, with the most obvious being to not get behind the wheel if you feel like you are very tired. Other important steps include:

• Always try to get a good night’s sleep, especially if planning on driving a long distance the following day

• Never drive for more than 8 or 10 hours a day

• Exercise regularly

• Try to avoid sugary and fatty foods and drinks, particularly if planning to drive a long distance. Instead drink plenty of water and eat foods high in protein.

• Always take regular breaks when driving long distances – e.g. every two hours

• If at all possible, share driving duties

• Try to avoid driving at times your body is likely to go into sleepy or drowsy mode

• If you find yourself feeling very tired or drowsy while driving, find a safe place to stop and take a quick 10-15 power nap before continuing on your journey

• Consult a medical professional if you suspect you might have a sleep disorder

• Never drive while under the influence of alcohol and/or prescription drugs as they can lead to drowsiness and increase sleepiness and feelings of fatigue

If you or someone you love was injured or killed due to a driver’s negligent decision to drive while fatigued, do not hesitate to contact any of the well respected and experienced Injury Lawyers of Ontario affiliates.  Lawyers in the ILO group possess many years experience in successfully representing accident victims in personal injury suits and insurance disputes. We are pleased to provide an initial no-obligation consultation to discuss the particulars of your case and provide you with answers to all your questions about your legal rights, assessment of your best legal options, and what to expect if you decide to make a claim for compensation.