Drowsy Driving Proves Difficult to Criminally Prosecute

by | December 19th, 2012

Dec. 19, 2012

Several high-profile cases have highlighted the dangers that drowsy driving presents to motorists on the road.  However, an article from The New York Times pointed out successfully prosecuting these cases in criminal court can often prove to be extremely difficult.

One recent case involves a bus driver in the Bronx who crashed his vehicle after failing to get enough rest, killing 15 passengers.

Prosecution in such cases proves difficult though, as there is no set standard to measure if a person is tired. Furthermore, sleep patterns differ which complicates calculating how much rest is needed to eliminate drowsy driving. This leaves investigators using traffic cameras, GPS, or data recorders as evidence to prove their cases. Changes to laws to make prosecution easier have failed in the past due to the belief that regulations encroach on personal freedoms.

The Buffalo Auto Accident Attorneys with William Mattar Law Offices point out in order to hold a drowsy driver accountable for civil damages, such as medical bills and other expenses related to a Buffalo Auto Accident, a drowsy driver’s negligence must be proven to be the direct cause of a victim’s injuries. They encourage anyone who has been hurt in a drowsy driving accident to explore their legal rights by speaking with a qualified attorney.