Negligent driving is the most common cause of most vehicle accidents. And in most cases, negligence includes things like disobeying traffic laws such as speeding, running red lights and stop signs, failing to yield the right-of-way, etc.
However, there are also types of driver impairment that can lead to car accidents. These impairments, such as driving while fatigued or driving with certain medical conditions, also contribute to a significant percentage of motor vehicle collisions.
It’s important to understand that driving with these impairments is still considered negligent, and in most cases, the driver with the impairment will still be seen as at fault if their impairment led to the accident.
If you have questions or concerns about driver impairment and auto accidents in Kentucky, don’t hesitate to reach out to one of our attorneys at McCoy & Sparks for assistance. We can answer your questions and offer guidance if you need help filing a claim for a personal injury that resulted from an impaired driver accident.
1. Fatigued Driving
Fatigued or drowsy driving is a serious concern in the United States. An estimated 1 in 25 people fall asleep behind the wheel each month, and in 2020, there were over 600 deaths due to fatigued driving.
Medically, drowsiness and alcohol can affect the brain in similar ways. To be specific, if you drive after being awake for eighteen hours straight, it is considered similar to driving after drinking enough alcohol to have a .05 blood alcohol concentration.
Fatigued driving continues to be a problem in America because we lead busy, hectic lives, and as such, it is not uncommon for adults to get behind the wheel after they have been awake for too many hours without any rest.
Though you might try to blame your job for having to drive while fatigued, for example, if you willingly choose to get behind the wheel, it is your fault if the drowsiness causes your accident. So if you’re too tired, you should take public transportation, call a cab or rideshare service, walk, or ask someone to pick you up.
2. Driving While Intoxicated
On average, about 32 people die every day in drunk driving accidents, and in 2020, there were over 11,000 deaths due to drunk driving crashes.
Unfortunately, despite local municipalities and authorities attempting to crack down on drunk drivers and reduce the number of drunk driving-related deaths, these accidents continue to occur at high rates every year.
In every state, including Kentucky, it is considered illegal, or a “per se” DUI, to drive with a BAC of .08% or more. And while alcohol can affect everyone differently, especially depending on their size, the average person is usually considered legally drunk after three or four drinks.
When you drink, it can result in slower reaction times, limited cognitive ability, poor focus, bad balance and coordination, and slurred speech. And all of these things can result in erratic and reckless driving, such as:
- Nodding off at the wheel
- Swerving in and out of lanes
- Running stop signs and red lights
- Not realizing how fast you are going
- Not being able to turn the wheel or hit the brakes in time
3. Driving Under the Influence of Drugs
Driving while under the influence of drugs is also similar to driving while drunk, which is why driving while drugged is considered impaired driving. According to the NHTSA, 56% of drivers involved in serious and fatal collisions tested positive for having drugs in their system.
The most common drug found in peoples’ systems while driving is marijuana. However, other hard drugs can also be the culprit and even prescription medications can result in side effects that impair your driving.
While there is no on-site test like a breathalyzer to test if a driver is on drugs, a driver’s blood can later be tested to determine whether or not they were on drugs at the time of the accident. And like drunk driving, drugged driving also involves both ordinary negligence doctrines and the negligence “per se” rule.
4. Distracted Driving
Distracted driving claimed the lives of over 3,000 people in 2020. And though being distracted doesn’t seem like a physical impairment, it is essentially viewed that way.
Driving while distracted can result in drivers making errors they might not otherwise make. For example, someone who is prone to speeding or running stop signs might just do so because they are inherently a reckless driver. But someone who speeds or runs a stop sign while distracted might only have done so because they were distracted, not because they are normally a reckless driver.
Still, distracted driving is considered a negligent action, and if you cause an accident due to distraction, you can and most likely will be found guilty.
In the U.S., using a cell phone while driving is one of the most common causes of distracted driving and has resulted in numerous serious accidents and traffic fatalities. As such, many states have adopted specific laws against the use of cell phones while driving.
However, there are numerous other ways that a driver can become distracted, including:
- Grooming in the mirror
- Eating while driving
- Adjusting the music or GPS
- Reaching onto the floor or passenger seat to pick something up
- Talking to passengers
- Dealing with kids or pets in the back seat
- Daydreaming
Legally, most states, including Kentucky, define distracted driving by using the following three factors:
- Manual distraction: Something that takes your hand off the wheel
- Visual distraction: Something that takes your eyes off the road
- Cognitive distraction: Something that takes your mind off the road
5. Driving with a Medical Condition
Driving with a medical condition is also a concern and can affect driving, especially for older drivers. Numerous medical conditions can affect someone’s neurological and physical condition, which can result in symptoms or behaviors that can cause an accident. Thus, driving with certain medical conditions can also be considered impaired driving.
Someone prone to seizures due to a medical condition, for example, should not get behind the wheel. If they do so, they could be considered at fault if they cause an accident. Other common medical conditions that can affect the ability to drive include:
- Multiple sclerosis
- Parkinson’s Disease
- Strokes
- Dementia
- Vertigo
These are just a few of the many medical conditions that can affect people both physically and cognitively. And if a driver willingly gets behind the wheel knowing that their medical condition can cause an accident, they are considered negligent and thus at fault.
Drivers with certain medical conditions can also have their license revoked until a medical professional approves their ability to safely operate a vehicle again. However, it’s important to note that if an unknown condition or sudden onset of symptoms causes an accident that the driver was previously unaware of, they will potentially not be held liable for the accident.
For example, if someone has a heart attack while driving, they may not be seen as at fault if the heart attack happened suddenly.
Trust McCoy & Sparks—Premier Personal Injury Attorneys in Central Kentucky
Determining liability in an impaired driving accident will depend on the specific circumstances, and it can, at times, be challenging. If you are involved in an impaired driving accident, whether you were the one impaired or injured by another driver who was impaired, it is important that you work with an attorney who can offer you guidance to ensure the best possible outcome for your case.
Recognized as one of Central Kentucky’s best law firms, McCoy & Sparks represents thousands of clients in Central Kentucky. With a focus on providing premium service, our goal is to develop a strategy that best serves your personal needs to help achieve the best possible outcome. You owe us nothing unless we win your case. Call us at (844) 4KY-WINS for a risk-free consultation with one of our truck accident attorneys today.