In Colorado, a driver who causes an accident while fatigued can be held liable for the resulting injuries, even if they did not intentionally fall asleep or realize how impaired they were. Drowsy driving reduces reaction time, impairs judgment, and, in severe cases, can cause a driver to lose consciousness. Victims may recover compensation for medical expenses, lost income, pain and suffering, and other losses by filing a personal injury claim against the at-fault driver.
What Sets Our Approach to Fatigued Driving Cases Apart
Proving driver fatigue requires more than a police report. It takes a thorough investigation, the right resources, and an attorney who understands how to build these cases. Here is what our firm brings to every client we represent:
- 30 years of personal injury experience. Firm founder Dianne Sawaya personally reviews every case, applying decades of legal knowledge to the specific facts of your situation.
- Aggressive insurance company representation. We manage all contact with insurers on your behalf and push back on lowball offers that do not reflect the true value of your claim.
- No fees unless we win. You pay nothing unless we recover compensation for you.
- Available 24/7. You can reach our team any time to ask questions or get an update on your case.
From your first call through the resolution of your case, we stay in close contact with you and work to secure everything you and your family are owed. Contact the Law Offices of Dianne Sawaya today to get started.
How Do You Prove a Driver Was Fatigued at the Time of the Accident?
Fatigue leaves no chemical trace the way alcohol does, which makes these cases more challenging to prove than drunk driving accidents. Drivers rarely admit to being drowsy after a crash, and by the time investigators arrive, direct evidence of impairment may already be gone.
That is why acting quickly matters. Our experienced car accident attorney will investigate the circumstances of the crash and gather evidence that points to driver fatigue, including:
- The driver’s logbooks, shift schedules, or employment records showing how long they had been awake or on duty
- Cell phone records indicating activity in the hours before the crash
- Electronic data from the vehicle, including event data recorders and, for commercial trucks, electronic logging devices (ELDs)
- Witness statements describing the driver’s behavior before impact, such as drifting between lanes or failing to brake
- Toxicology results if medication use is suspected
- Crash reconstruction analysis identifying patterns consistent with a driver who was asleep or unresponsive at the moment of impact
For accidents involving commercial truck drivers, there is an additional layer of accountability. Federal regulations set strict limits on how long a commercial driver may operate a vehicle before taking a required rest break. Violations of these rules, enforced by the Federal Motor Carrier Safety Administration (FMCSA), can serve as strong evidence of negligence by both the driver and their employer.
What Compensation Can You Recover After a Fatigued Driving Accident in Denver?
Colorado law allows injured victims to pursue full compensation for both economic and non-economic losses. Because fatigued driving often produces high-speed or no-response collisions, injuries in these cases can be severe, and the resulting damages substantial.
Recoverable damages in a Colorado fatigued driving accident claim typically include:
- Current and future medical expenses, including emergency care, hospitalization, surgery, rehabilitation, and long-term treatment
- Lost wages from time missed at work during recovery
- Reduced earning capacity if injuries affect your ability to work in the future
- Pain and suffering, both physical and emotional
- Loss of enjoyment of life
- Property damage to your vehicle
- Wrongful death damages if a family member was killed
Colorado follows a modified comparative negligence rule. If you were partially at fault for the accident, your compensation is reduced by your percentage of fault, but you can still recover as long as you are found to be less than 50 percent responsible. Insurance companies sometimes try to assign fault to the victim to reduce their exposure. Having an attorney review your case helps ensure your degree of fault is not overstated.
Talk to a Denver Fatigued Driving Accident Lawyer Today
If you were injured by a drowsy or fatigued driver in the Denver area, the time to act is now. Evidence in these cases can disappear quickly, and Colorado’s statute of limitations for personal injury claims is generally three years from the date of the accident.
At the Law Offices of Dianne Sawaya, LLC, we represent accident victims throughout Denver and across Colorado. We handle the investigation, the insurance companies, and the legal process so you can focus on your recovery. Contact us today for a free case review.
Frequently Asked Questions
How long do I have to file a fatigued driving accident claim in Colorado?
In most cases, Colorado’s statute of limitations for personal injury claims is three years from the date of the accident. However, certain circumstances can shorten that window, such as when a government entity is involved. Missing the deadline typically bars you from recovering any compensation, so it is important to speak with an attorney as soon as possible after your accident.
Is drowsy driving treated the same as drunk driving under Colorado law?
Not exactly, but both involve a driver who was impaired and therefore negligent. Colorado does not have a specific statute that criminalizes drowsy driving the way it does drunk driving, but a fatigued driver can still be found civilly liable for causing an accident. Research consistently shows that severe sleep deprivation produces impairments similar in degree to alcohol intoxication. In cases involving commercial drivers, federal Hours of Service violations can significantly strengthen a negligence claim.
What if the at-fault driver claims they did not know they were too tired to drive?
This defense does not necessarily protect them from liability. Colorado personal injury law holds drivers to a reasonable care standard, which includes recognizing the warning signs of fatigue, such as heavy eyelids, difficulty staying in the lane, or memory gaps, and pulling over before causing a crash. If a driver ignored those warning signs or simply failed to pay attention to their own state of alertness, they can still be found negligent even without admitting they knew they were fatigued.