Newark Drowsy Driving Accident Lawyers
You may suspect the other driver fell asleep before the crash, especially if they never braked or tried to avoid hitting you. But proving fatigue caused the collision can be difficult when the driver denies being tired.
At Goldstein & Goldstein, LLP, our Newark drowsy driving accident lawyers investigate crashes involving driver fatigue. We examine work schedules, driving records, and available vehicle data to determine whether exhaustion contributed to the collision.
Newark’s busy highways and around-the-clock industries put many drivers on the road after long shifts. Our attorneys know where to look for evidence of fatigue and how to pursue compensation when a tired driver causes an accident.
Contact us for a free consultation. Our father-and-son firm handles injury claims on a No Recovery, No Fee basis.
What Sets Our Firm Apart in a Newark Drowsy Driving Case?
Our father-and-son firm has represented injured New Jersey residents since 1997. Here is what each of our credentials means for a drowsy driving claim.
| What we offer | What it means for your case |
|---|---|
| A New Jersey Supreme Court Certified Civil Trial Attorney | Partner Michael J. Goldstein can take the case to trial if an insurer denies that fatigue played a role |
| More than five decades of combined experience | Richard Goldstein and Michael J. Goldstein know how fatigue cases are proven and defended |
| No Recovery, No Fee | We pay up front for records requests, reconstruction, and work schedule subpoenas |
| An established network of treating doctors | You can begin care right away while we build the claim |
| English, Spanish, and Haitian Creole intake, 24/7 | You can reach us in the language you prefer, at any hour |
Learn more about our No Recovery, No Fee arrangement and the broader personal injury work our family does for Newark residents.
What Does Maggie’s Law Mean for an Injury Claim?
Under New Jersey’s vehicular homicide statute, N.J.S.A. 2C:11-5, a driver who operates a vehicle after going more than 24 consecutive hours without sleep may be inferred to have acted recklessly. This provision, commonly called Maggie’s Law, applies to criminal cases involving a death.
In a civil injury claim, an attorney can use evidence of driver fatigue to establish negligence. A driver who continued driving despite knowing they were dangerously tired may be held responsible for a resulting crash.
How Is Fatigue Proven for Different Kinds of Drivers?
Drowsy drivers rarely admit they fell asleep, so we rebuild their fatigue from records that track how long they had been awake and working. Which records exist depends on who the driver was.
| Type of driver | Records that may reveal fatigue | Who usually holds them |
|---|---|---|
| Long-haul or regional truck driver | Electronic logs, dispatch records, fuel and toll receipts | The motor carrier |
| Shift worker driving home | Timecards, badge scans, and shift schedules | The employer |
| Rideshare or delivery driver | Login history, trip records, and hours online | The app company |
| Driver taking sedating medication | Pharmacy records and prescription warnings | Pharmacies and prescribing doctors |
| Any driver | Phone activity in the hours before the crash | The wireless carrier |
Truck Drivers and Hours-of-Service Rules
Many commercial truck drivers must follow federal hours-of-service limits within the federal motor carrier regulations, tracked through electronic logs.
A driver who broke those limits, or a carrier whose schedule made following them impossible, may share responsibility. Our Newark truck accident page explains those cases further.
Shift Workers Leaving the Port, Airport, and Hospitals
Newark runs all night, so many drivers on the road at dawn are coming off long or double shifts. Timecards and schedules reveal how long a commuting driver had been working, and that is often where a fatigue claim begins.
Rideshare and Delivery Drivers
Drivers who stay logged in for hours to hit earnings goals may keep driving well past the point of alertness. The app companies own the login and trip histories, so we request them promptly. Some companies keep them only for a limited time.
Medications and Sleep Disorders
Some drivers are drowsy because of medication or an untreated sleep disorder, not a long shift. A driver who knew a medication caused drowsiness, or had been warned about a condition, and drove anyway can still be found negligent.
Medical records may reveal whether the driver had been diagnosed or warned.
Wireless Records
Phone records may help establish when a driver was active before the crash. Combined with work schedules and other evidence, they can help investigators determine whether the driver had enough time to rest.
These records generally come through the legal process once a claim is underway, and we know how to ask for them.
What Does a Fatigue Crash Look Like at the Scene?
Drowsy driving crashes often involve a driver who drifts out of their lane or fails to react to changing traffic conditions. Investigators may find little evidence of braking or evasive steering, particularly when the driver fell asleep before impact.
Depending on the vehicle, event data may show whether the driver braked or took other action before impact. Combined with witness statements and crash evidence, this information can help establish whether the driver failed to react.
Head-On and Run-Off-Road Crashes
A sleeping driver who drifts across the center line can cause a head-on crash. One who drifts right may leave the road and hit a pedestrian, a parked car, or a utility pole. Neither vehicle slows before impact, so these crashes are among the most serious.
Why Do Overnight and Early-Morning Hours Matter?
Many people are least alert in the early morning hours, even after a normal night’s sleep. A driver heading home at dawn after an overnight shift is fighting both a long stretch awake and the time of day when drowsiness hits hardest.
The time of the crash can strengthen a fatigue claim, particularly when employment records show the driver had just completed an extended overnight shift.
Can an Employer Be Responsible for a Tired Driver?
An employer may also share responsibility when a fatigued employee causes a crash while driving for work. This can apply to truck drivers, delivery drivers, and other employees driving as part of their jobs.
Company records may reveal excessive work hours, unsafe scheduling practices, or pressure to keep driving despite fatigue.
The Commute Problem
Employers are generally not responsible for an employee’s ordinary commute. That rule has exceptions, and the details matter. Was the employee in a company vehicle, running an errand for the employer, or traveling between job sites?
Independent Contractors
Some companies label drivers independent contractors to avoid responsibility for their driving. Whether that label holds up turns on how much control the company actually had. Contracts, dispatch practices, and pay arrangements all bear on the question.
Scheduling Practices
A company that pushed commercial drivers on schedules with no time for rest may face its own claim. Dispatch records and internal messages can reveal whether the schedule made safe driving impossible, or whether drivers were rewarded for skipping breaks.
What Injuries Result When a Driver Never Brakes?
When a driver falls asleep, they may fail to brake or steer away from danger. The resulting impact can cause severe injuries, including traumatic brain injuries, spinal cord damage, and multiple fractures.
Serious injuries may require treatment long after the initial hospital stay. Our attorneys work with medical providers to document anticipated care, lasting physical limitations, and the financial impact of your injuries.
We use that information to pursue compensation for both current and future losses.
Passengers of a Tired Driver
Passengers riding with a driver who was too tired to drive safely can bring claims against that driver’s insurer. Those claims often focus on how long the driver had been awake and whether anyone asked the driver to stop.
When Is Drowsy Driving Reckless Enough for Punitive Damages?
Most drowsy driving claims seek compensatory damages for medical bills, lost wages, and pain and limitations. Punitive damages may be possible in extreme cases, but they are the exception.
Punitive damages require more than ordinary carelessness. Examples include a driver who knowingly stayed awake for more than a day, or a carrier that pressured drivers to falsify logs. New Jersey’s Punitive Damages Act requires clear and convincing proof of actual malice or wanton and willful disregard for others’ safety.
What Can You Do to Help Show the Other Driver Was Tired?
Fatigue evidence is easy to lose, and some of the most useful details come from what you noticed at the scene. If you are able, write down the following.
- Anything the other driver said about their shift, their route, or how long they had been driving.
- Signs such as yawning, confusion, or trouble answering simple questions.
- Whether the other car braked or swerved before impact, or drifted straight into you.
- The names of witnesses who saw the car weaving or drifting beforehand.
- Any company name or logo on the other vehicle.
Share those details with the responding officer and with your lawyer, not with the other driver’s insurer, which may use early statements to narrow the claim.
If you were too hurt to notice any of this, that is all right. We can find much of it through records later.
FAQs for a Newark Drowsy Driving Accident Claim
Can I prove the driver fell asleep if they deny it?
A New Jersey injury claim can establish that a driver fell asleep through work records, phone activity, vehicle data, and the pattern of the crash, even when the driver denies it.
Those sources usually carry more weight than the driver’s word, especially when several point the same way.
Is drowsy driving treated like drunk driving in New Jersey?
New Jersey does not treat drowsy driving the same as drunk driving. However, under N.J.S.A. 2C:11-5, driving after more than 24 consecutive hours without sleep can support an inference of recklessness in a vehicular homicide case.
In a civil case, fatigue is usually proven as negligence, and sometimes as recklessness.
What if the tired driver was heading home from a hospital or warehouse shift?
A New Jersey driver commuting home after a long shift is usually responsible for their own driving, and their personal auto policy typically applies. The employer may also be involved if the driver was in a company vehicle or still doing work for the employer.
What if the drowsy driver was driving for Uber or Lyft?
A New Jersey rideshare driver who caused a crash while fatigued may be covered by the rideshare insurance that applied at that moment, based on the app status.
Trip records and login history reveal how long the driver had been working, and we request them before the company’s retention period runs out.
What if the other driver was on medication that causes drowsiness?
A New Jersey driver who took a medication known to cause drowsiness, and drove anyway, can be found negligent when that drowsiness contributed to a crash. Pharmacy records and the medication’s warnings may become part of the claim.
Hold a Drowsy Driver Accountable With a Newark Accident Lawyer
Richard Goldstein, Drowsy Driving Accident Lawyer
The driver who caused your accident may have been awake for an entire shift before getting behind the wheel. Their work history, driving activity, and electronic records may help establish whether fatigue contributed to the collision.
Our Newark drowsy driving accident lawyers at Goldstein & Goldstein, LLP know what to look for and how to pursue records that may support your claim. We investigate negligent driving, identify responsible parties, and fight for compensation that reflects the harm you suffered.
Tell us what you remember, even if you are unsure whether fatigue caused the crash. Our team is available 24/7 for a free consultation, and there is no attorney’s fee unless we recover money for you.
Results depend on the specific facts of each case, and past outcomes do not predict future results.
