Driver fatigue is a common–and dangerous–occurrence on New York roadways.
In fact, according to the New York Governor’s Traffic Safety Committee, 2022 police reports show that 1,955 personal injury and fatal crashes were connected to fatigue, drowsy driving, or drivers falling asleep at the wheel. When it comes to commercial drivers, they are among the most likely groups to cause crashes due to drowsiness, and if you are in an accident involving a commercial driver, injuries are often severe.
While there are many New York and national laws in place to decrease these accidents, they still happen, often with disastrous consequences. With the help of a New York auto accident attorney, however, you can improve your chances of recovering compensation you need to heal.
Buttafuoco & Associates offers free consultations to those injured in commercial vehicle accidents at 1-800-NOW-HURT. If you have been in such an accident, get in touch today to learn more about your rights.
What are the Consequences of Driver Fatigue?
The unfortunate reality of the trucking industry is that drivers are called on to make long trips on short deadlines, which can compromise drivers’ safety and the safety of others on the road.
While it is easy to blame the fatigued driver for an accident, the industry itself is often equally at fault. Because the American economy runs on the trucking industry’s ability to transport essential goods and merchandise to consumers and businesses, they operate on strict timelines for delivery. The pressure to uphold a company’s reputation and prevent financial losses to clients is often passed on to drivers, often leading them to rest insufficiently.
Insufficient rest and disrupted sleep cycles due to working around the clock can severely impair drivers’ ability to drive safely and cause:
- Slow reaction times
- Impaired judgment and decision making
- Decreased alertness
- Involuntary sleeping
You may notice that these sound similar to the consequences of driving while under the influence of alcohol or drugs, and this is an apt comparison that often goes overlooked. If you believe a negligent driver caused your accident due to sleep deprivation, don’t hesitate to reach out for a free consultation from a New York car accident attorney at Buttafuoco & Associates who can help you understand whether you have a case.
How do New York Laws Protect Victims of Driver Fatigue Accidents?
The degree to which New York law can help victims recover damages they deserve after a commercial driver causes an accident depends on the severity of the injuries.
Because New York is a no-fault state, in a run-of-the-mill accident without serious injuries must first be covered by the injured party’s Personal Injury Protection (PIP) insurance, even if a fatigued commercial driver is at fault. New York drivers must carry at least $50,000 in insurance. PIP insurance covers the following medical expenses:
- Emergency room and hospital visits
- Surgery, lab, and diagnostic tests
- Visits to doctors, physical therapy, and chiropractors
- Prescription drugs and medical equipment
Additionally, PIP insurance covers:
- Lost earnings (80 percent of lost income, capped at $2000 per month for up to three years)
- Help with domestic duties such as cooking, cleaning, or childcare if you are unable to perform these duties due to injuries
- Transportation to and from medical appointments
- A $2000 death benefit if someone was killed in the accident
Once PIP insurance runs out, your private health insurance, medicare or medicaid can be used to pay for medical expenses. At this point, some victims also choose to pay out of pocket for medical expenses and seek compensation from the at-fault driver through a lawsuit.
If you are the driver of a motorcycle, you do not need to carry PIP insurance: you must rely on your personal health insurance. However, if you are injured, you can immediately file a lawsuit that includes pain and suffering damages against the commercial driver.
When Can I File a Lawsuit Against a Commercial Driver?
There are a couple of scenarios where New York law allows the victim to file a lawsuit against a commercial driver whose negligence has resulted in their injuries. First, if your PIP insurance runs out, you can sue the driver for additional expenses you incur because of their actions.
Likewise, if your injuries qualify as serious under New York law, you will not be required to rely on your PIP insurance first–you can immediately file a lawsuit suing not only for medical and other injury-related expenses, but also for pain and suffering. If you believe your injuries are serious, it’s important to know that the legal threshold for a serious injury in New York is high. Under New York Insurance Law 5102(d), in order to bypass your no-fault PIP insurance due to serious injuries, your injuries must result in:
- Death or dismemberment
- Significant disfigurement
- Fractured bone
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent serious limitation of a body organ or member
- Significantly limited use of a body function or system
Finally, if a driver demonstrated egregious behavior, such as extreme reckless driving or substance abuse that resulted in a wrongful death or severe life-altering injuries, you may be able to sue for punitive damages.
There are also several updates and caveats to be aware of under New York serious injury definitions. First, under previous statutes, certain temporary, non-permanent injuries that prevented regular daily activities for 90 out of 180 days qualified as a serious injury. As of May 2026, these injuries no longer qualify as serious under the law.
Another key change is to what is known as the comparative fault limit: if you are found to be more than 50 percent at fault for the accident that led to your injuries, you are disqualified from recovering non-economic damages. If you are found to be 50 percent or less at fault, your damages will be reduced by the percentage of fault.
How Can I Prove a Fatigued Commercial Driver was at Fault?
The most straightforward way to prove that a driver’s fatigue led to your accident is to gather evidence from the driver’s Electronic Logging Device (ELD) or, in some cases, physical logs. These are places where the number of hours driven, breaks, and time off are tracked. In order to ensure that drivers are safe and receive sufficient rest, federal law holds strict Hours of Service (HOS) regulations that allow drivers to drive a maximum 11 hours after 10 hours off duty, take 30 minute breaks every 8 hours, and limit the number of consecutive days on duty. HOS laws apply across the entire United States, including New York. Evidence of violations within the log strongly suggests that fatigue was a factor in the accident.
Black box data in commercial vehicles can also be used as evidence of fatigued driving. Black boxes track sudden use of brakes, changes in speed, and other records that can determine the timeline of the collision and may point to fatigue as a factor.
A good New York auto accident attorney can subpoena company records including schedules and communications between drivers and supervisors to show patterns of carriers pressuring drivers to meet tight deadlines or avoid breaks. Witness testimonies from passengers, drivers, and other motorists who noted erratic driving, as well as medical records or toxicology reports could also show if the driver’s fatigue was caused by substance use.
Taken together, these types of evidence can show that the driver and/or the carrier were responsible for the driver’s fatigue and, thus, the accident that led to the victim’s injuries. Because there is a significant amount of investigative work involved in these cases, it is typically in the victim’s best interest to work with a knowledgeable attorney.
When to Contact an Attorney
While New York laws are in place to protect victims, accidents caused by fatigued commercial drivers are often serious and proving that the driver was negligent takes a significant amount of evidence. If you have been injured in this type of accident, consulting with an attorney may help you determine your next steps.
At Buttafuoco & Associates, we fight for victims’ rights against reckless commercial drivers and negligent carrier companies. If you believe your injuries were caused by another driver or their employer, we can help you understand your legal rights.
Get in touch today for a free consultation at 1-800-NOW-HURT.
