Drowsy Driving Accident Lawyer

Compensation for Victims of Drowsy Driving Accidents in Chicago

If you’ve been hurt in an accident involving a drowsy driver, you may be entitled to recover compensation. At Rosenfeld Injury Lawyers, we help clients hold fatigued drivers accountable and pursue full damages through personal injury claims. Schedule a free consultation today with a Chicago drowsy driving accident lawyer to review your legal options.

Drowsy driving poses a serious risk to everyone on the road—and in a city like Chicago, where long commutes, heavy traffic, and overnight shift work are common, that risk increases dramatically. Fatigue impairs reaction time, slows decision-making, and can even lead to drivers falling asleep behind the wheel.

According to the Illinois Department of Transportation, Chicago saw 455 crashes in 2023 involving drivers who were fatigued, many of which occurred during early morning or late-night hours. These drowsy driving crashes often result in devastating consequences, leaving victims facing enormous medical bills, lost wages, and long-term emotional and physical distress.

Settlements Recovered by Our Chicago Law Firm

Our law firm has recovered over $450 million for injury victims throughout Illinois, including numerous cases involving fatigued driving and falling asleep at the wheel.

$1,400,000 – A mother and daughter were struck from behind while stopped at a red light by a semi-truck that had been on the road for hours beyond federal limits. Both suffered herniated discs; the mother required spinal fusion surgery, while the daughter received injections and therapy. The trucking company’s log violations played a key role in securing compensation.

$449,000 – Our client, seated in the front passenger seat, was injured when the driver swerved sharply to avoid another vehicle. She sustained facial trauma and a subdural hematoma requiring surgical treatment. Despite defense experts disputing the cognitive effects, we obtained a favorable outcome through aggressive negotiation.

$350,000 – After a high-speed rear-end collision, our client, who had been sitting in the back seat, developed a herniated cervical disc. With no lawsuit filed, we resolved the case early, covering medical costs and compensation for ongoing pain and limited mobility.

How a Drowsy Driving Lawyer in Chicago Can Help You Win Your Case

Proving drowsy driving isn’t always straightforward, especially when the other driver denies being tired. That’s why working with a knowledgeable car accident attorney in Chicago is essential.

At Rosenfeld Injury Lawyers, we use all available tools to demonstrate that driver fatigue played a role. This may include reviewing black box vehicle data, surveillance footage, driver logbooks, and mobile phone records.

For commercial drivers, our legal team checks compliance with FMCSA hours-of-service rules, which govern how long they can operate a vehicle before taking rest breaks. We also work with sleep medicine experts who can testify to undiagnosed conditions like sleep apnea.

Accident reconstructionists are critical in piecing together the moments before the crash. They help identify telltale signs of fatigue, like delayed braking, lane drifting, or lack of evasive maneuvers. Our lawyers will gather evidence, work with credible experts, and build a case that clearly links the driver’s behavior to the crash, helping you recover compensation.

Types of Drowsy Driving Cases Our Chicago Law Firm Handles

Our law firm represents clients injured in all types of drowsy driver accidents across Chicago and the surrounding suburbs. These are some of the most common case types we handle:

Private motorist drowsy driving accidents – These often happen during early morning or late-night commutes, especially on high-speed stretches of I-90, I-290, and I-94, where fatigued drivers may drift lanes or fall asleep at the wheel.

Commercial driver fatigue crashes – Truck, bus, and delivery drivers who violate hours-of-service rules are frequently involved in collisions near major industrial and freight routes. Many of these accidents occur along Cicero Avenue or on I-55 during overnight deliveries.

Rideshare (Uber/Lyft) accidents caused by drowsy drivers – Drivers working long hours to maximize earnings are often sleep-deprived. Fatigue-related rideshare crashes are common around Lake Shore Drive, especially near McCormick Place and downtown hotel districts.

Accidents involving shift workers and night drivers – Nurses, factory employees, and service workers commuting after midnight are at high risk for drowsy driving crashes, particularly on inbound routes from Naperville, Schaumburg, or other far-west suburbs.

Each case requires a tailored investigation to uncover signs of driver fatigue and prove liability—something our legal team is well-equipped to do.

Drowsy vs Drunk Driving

It may come as a surprise, but studies show that drowsy driving can be just as dangerous as drunk driving.

The National Sleep Foundation reports that going more than 20 hours without sleep creates the same level of impairment as driving with a blood alcohol concentration (BAC) of 0.08%—the legal limit for DUI. Both conditions impair driving, including slower reflexes, reduced concentration, and poor decision-making.

Unlike alcohol, though, fatigue often goes undetected and untested at the accident scene. Our attorneys treat drowsy driving cases with the same level of seriousness as DUI cases, gathering evidence that proves the driver’s fatigue was a direct cause of your injuries.

Contributing Factors of Drowsy Driving Auto Accidents

Certain groups are more prone to fatigue-related crashes. These include shift workers, overnight staff at hospitals or hospitality venues, truck drivers working long routes, and people with sleep disorders such as sleep apnea or insomnia. Others may be affected by medications with side effects of drowsiness or by working multiple jobs.

The most common contributing factors include:

• Chronic sleep deprivation;
• Long commutes or extended work hours;
• Use of sedative medications or alcohol;
• Undiagnosed or untreated sleep conditions;
• Driving during low-alert periods (midnight to 6 a.m.).

Fatigue affects drivers by impairing reaction time, limiting attention span, slowing decision-making, and causing micro-sleeps—brief periods of sleep that last just a few seconds but are enough to cause a devastating accident.

Drowsy Driver Accident Statistics

Drowsy driving is a significant public safety issue. According to the NHTSA, there were 633 deaths from crashes linked to fatigue, and those are just the ones that are reported. Many more go unrecorded because tiredness isn’t always evident in a police report. Illinois sees hundreds of drowsy driving collisions yearly, with a notable number occurring in Chicago.

These crashes are most common during late-night and early morning hours—especially between midnight and 6 a.m.—when many essential workers, rideshare drivers, and delivery operators are finishing shifts. The data confirms what we see in our cases: fatigue plays a significant role in many severe injuries and wrongful deaths on Illinois roads.

What to Do After a Car Accident Involving a Drowsy Driver in Chicago

If you believe the other driver in your auto accident may have been fatigued, follow these steps:

• Seek immediate medical attention, even if your injuries seem minor.
• Call 911 and request a police response so the crash is documented.
• Gather evidence at the scene: take photos, get witness contact info, and make note of the time, lighting, and location.
• Avoid discussing the incident with the other driver’s insurance company—anything you say may be used to downplay your injuries.
• Contact a trusted Chicago drowsy driver accident lawyer to begin building your case.

Early action can preserve vital evidence and improve your chances of securing a fair settlement.

Local Laws and Regulations That Affect Your Claim

While Illinois has no statute explicitly prohibiting drowsy driving, it’s still grounds for a negligence claim. Drivers must be alert and capable of safe driving. Failing to rest before getting behind the wheel—or continuing to drive despite signs of fatigue—may be considered reckless behavior.

For commercial drivers, FMCSA hours-of-service rules strictly limit the number of hours a person can drive without rest, and violations can strengthen your case.

In Illinois, you generally have two years from the crash date to file a personal injury claim (735 ILCS 5/13-202). That timeline may be shorter in certain situations, so promptly speaking with a drowsy driving accident attorney is critical to protect your rights.

Determining the Value of Your Drowsy Driving Claim in Chicago

Every personal injury case differs, and the value depends on multiple factors. When assessing your claim, we look at:

• The severity of your injuries and the need for ongoing medical care;
• Total medical expenses—past, current, and projected;
• Lost wages and reduced earning potential if you’re unable to return to work;
• Physical and emotional distress;
• Property damage to your vehicle;
• Potential for punitive damages, especially if the driver or their employer knowingly put others at risk.

Our Chicago personal injury attorneys work on a contingency fee basis, meaning we don’t get paid unless you do. We’ll assess your case during a free consultation and outline the legal strategy that gives you the best chance of success.

Consult a Chicago Drowsy Driving Accident Attorney Near You!

If a fatigued driver caused your crash, you don’t have to handle the legal process alone. At Rosenfeld Injury Lawyers, we have a proven track record in representing victims of drowsy driving accidents across Chicago.

Our team understands how to uncover driver fatigue, even when the other side refuses to admit it. We work with experts, gather critical evidence, and fight for full and fair compensation. Whether you suffered a concussion, broken bones, or are facing long-term disability, we’re here to help.

Let us pursue the justice and compensation you deserve while you focus on healing. Call us at (888) 424–5757 or submit the contact form to schedule your free consultation with an experienced drowsy driving crash lawyer in Chicago.

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“I was involved in a car accident where I was rear ended by a truck and reached out to Mr. Rosenfeld. Johnathan’s Associates were amazing in every aspect from helping me understand the steps to making me feel welcomed in the office. As well as taking the time to answer and explain and and every question I had! It worked out way better than I expected. Thank you Mr. Rosenfeld!”

— Arturo Alfaro

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All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.