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Legal Liability for Falling Asleep at the Wheel

Denning Law Firm, LLC April 7, 2025

Falling asleep at the wheel is a dangerous occurrence that can have devastating consequences for everyone on the road. Falling asleep while driving can often result in significant legal liability, with lawsuits often hinging on proving negligence. 

At Denning Law Firm, LLC, we’ve seen how these cases can impact the lives of both drivers and victims. Our experienced father-daughter legal team has helped countless clients and their families deal with the aftermath of car accidents in Missouri, including Kansas City, Overland Park, Olathe, Shawnee, Leawood, Lenexa, as well as Kansas City, Kansas. 

Our attorneys combine years of legal experience with dedication to justice. If you’ve been involved in an accident where driver fatigue was a factor, we’re here to provide legal guidance that you can count on.  

Liability in Car Accidents Caused by Driver Fatigue

Liability in car accidents caused by driver fatigue typically hinges on demonstrating negligence. A fatigued driver may be held responsible if it can be shown that their exhaustion impaired their ability to operate the vehicle safely.  

Some common types of evidence that can be used to establish fault include driving logs, surveillance footage, or witness testimony. Employers may also share liability if the driver was operating a vehicle for work purposes under demanding or unsafe conditions.  

Ultimately, proving liability requires demonstrating that the driver failed to take reasonable precautions to prevent the accident despite being aware of clear risks. 

Is Falling Asleep at the Wheel Considered Negligence?

When a driver falls asleep at the wheel, the law often centers on one key factor: negligence. Negligence occurs when a driver fails to exercise reasonable care, and their actions (or inactions) result in harm to others.  Driver fatigue is often considered preventable, making it easier to establish negligence in many cases. The key factors that may establish negligence for falling asleep at the wheel include: 

  • Ignoring signs of fatigue: Continuing to drive despite feeling drowsy and unable to focus. 

  • Skipping rest breaks: Failing to follow safe driving practices, like stopping to rest during long trips. 

  • Staying on the road at unsafe hours: Driving late at night or during times when the body naturally demands rest. 

  • Working long hours: Falling asleep due to job-induced fatigue.  

  • Taking medication: Drowsiness caused by certain prescription or over-the-counter medications. 

  • Drinking alcohol: Impaired driving due to consuming alcohol before getting behind the wheel. 

  • Driving in a monotonous environment: Lack of stimuli on long, boring drives that result in drowsiness. 

Missouri Laws Governing Driver Fatigue 

Missouri does not have specific statutes that criminalize falling asleep at the wheel. However, that doesn’t mean drowsy drivers are free of legal responsibility.  Missouri's general negligence laws in fill the gap by holding drivers accountable if they operate their vehicles in a way that endangers others on the road. If you’ve been injured in an accident caused by driver fatigue, you can pursue compensation for: 

  • Medical expenses 

  • Lost wages 

  • Pain and suffering  

  • Property damage  

Missouri follows a pure comparative fault rule, meaning you can seek damages even if you are partially at fault for an accident. However, your compensation will be reduced in proportion to your percentage of fault. For instance, if you’re found 20% at fault, you’ll only be eligible for 80% of the awarded compensation.  

Missouri also enforces a five-year statute of limitations for filing personal injury claims after car accidents. That timeline may sound generous, but building a case with strong evidence takes time, so acting swiftly is always recommended.  

Kansas Laws Governing Driver Fatigue

Kansas takes a slightly different approach to cases involving drivers who fall asleep at the wheel. Like Missouri, Kansas law does not explicitly address drowsy driving. However, the state does impose liability on drivers who act negligently.  Falling asleep while driving can be classified as negligent behavior, making drivers who cause accidents as a result of their fatigue liable for damages. 

Kansas follows a modified comparative fault rule, which bars plaintiffs from recovering damages if they are found to be 50% or more at fault for an accident. If you’re less than 50% at fault, the court will reduce your compensation based on your percentage of fault.  For example, if you were deemed 30% responsible, then you can only receive 70% of the total damages awarded.  

For injury victims, the timeline to file a claim in Kansas is stricter than in Missouri. Kansas imposes a two-year statute of limitations for personal injury claims related to car accidents. This short window makes it even more important to act promptly if you’re seeking legal recourse.  

Car Accident Attorneys Serving Missouri and Kansas

At Denning Law Firm, LLC, we approach every case with determination and empathy. Our father-daughter team offers steadfast representation at every stage, and we will bring your case to trial if necessary to advocate fiercely for your rights.

We serve clients in Missouri, including Kansas City, Overland Park, Olathe, Shawnee, Leawood, Lenexa, as well as Kansas City, Kansas. If you've been involved in a car accident and need personalized legal support, call today to schedule a consultation and discuss your options.

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