Fatigued Driving is one of those things that we need to put under control. Operating a motor vehicle where the individual is not a hundred percent in terms of their focus is an extremely dangerous thing. Drowsy driving and fatigued driving are enemies and events that could happen to anyone at any given time.
With that, let us talk about the dangers of fatigued driving and the legalities related to fatigued driving.
How Common is Fatigued Driving?
Fatigued driving happens to 60% of adults. In the past year alone, the following happened concerning fatigued driving:
- 795 deaths were resulting from drowsy driving-related car accidents;
- There were 91,000 motor vehicle crashes annually since 2017;
- There are 20% of large truck crashes that occur all over the United States; and
- 50% of drowsy drivers are aged 25 years old or younger.
In all states in the United States, fatigued driving is a problem that needs to get solved by the legislation and the rest of the local governments.
Is Fatigued Driving A Crime In Michigan?
Fatigued Driving or Drowsy Driving is not necessarily a crime in Michigan by name. However, driving fatigued or driving drowsy will give rise to different crimes and felonies. The penalties for fatigued driving are very high and could affect your records not just in this day but for all of your life.
What are the forms of Fatigued Driving?
There are different forms of fatigued driving. It can be in the form of drunk driving, driving while impaired, and driving under the influence can all be considered as fatigued driving.
In the State of Michigan, two kinds of felonies involve drunk driving such as the Operating While Impaired (OWI) and Driving Under the Influence (DUI) offenses.
What are the penalties involved with fatigued driving?
The penalty depends on the number of convictions that the person has been convicted with. For the first offense of DUI driving in Michigan, the penalties are the following:
- Fine. There is a fine of up to $500 that the person convicted must pay.
- Driver Responsibility Fee. There is a driver responsibility fee of $1,000 each year for 2 years.
- Jail sentence. The individual convict can also get a jail sentence of up to 93 days.
- Community service. People found guilty of the crime are also required to serve community service of up to 360 hours.
- License suspension. License suspension of up to 6 months is another penalty.
- 6 points on your driver’s license. These six points will affect your insurance premiums and may drive it to the roof.
- OWI conviction on your permanent record.
For the second offense, the penalties can be even more severe. If your fatigued driving causes death or serious injury to another person, the penalties are even higher.
What if it is the other way around?
What if you have been accused of driving fatigued and you are not? How will you defend yourself in a court of law? Let us look at some of the ways that you can defend yourself:
Show proof that you were not fatigued.
You need to show proof that you were not fatigued in the first place. Sometimes accidents happen and we have no control over how it happens or when it happens. When you drive fatigued, you are charged with a felony of a high penalty but if it is just a plain accident, the courts and your insurance will be more forgiving.
Based on our years of experience, it is often the problem of many to prove that they are not fatigued. Generally, it is very easy to prove to the police or the first responders that you were not fatigued by showing alertness at the time that they ask you about what is happening.
However, even if you are already alert, you need to show proof that you are in good condition. Call your lawyer. Let your lawyer help you with making sure that you are not unlawfully charged with fatigued driving or worse, driving under the influence which can affect your driving records greatly.
Show proof that you have a perfect driving record.
Having a perfect driving record is like showing off your character as an individual. If you have never been charged or given a ticket, you can show that as proof that you are a responsible individual. You need to show that your perfect driving record is for a good reason.
Show proof that there is contributory negligence.
In the worst possible case, you need to show proof that there is contributory negligence. In a way, even if you were driving fatigued, the accident may not have happened if the other party were alert.
As a lawyer, our years of experience have shown us that contributory negligence is hard to prove but having the right lawyer can help you out.
Are you the victim of a person who drove fatigued?
If you are the victim of a person who drove fatigued, you need to file your claim against the driver, you also need to file a claim on your insurance.
A Southfield personal injury lawyer can help you get started with your claim. A lawyer at Haque Legal will see to it that your needs get met from beginning to the end of the proceedings. You are always in good hands with Haque Legal and what it has to offer.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided. Contact us and we will provide you with specific information.
Let us help you out.
If you are having trouble with filing an insurance claim or going after someone who caused you harm because of driving fatigued, call us immediately. If you have any problem with the law or are seeking justice and truth, our Southfield car accident attorneys are standing by to take your call.