In Florida and anywhere else, the consequences of getting behind the wheel when sleepy or tired can be serious. Operating a motor vehicle while feeling drowsy or fatigued can significantly increase the risk of being involved in an accident, resulting in possible injuries and death. But is it considered a criminal or civil offense to drive while tired? This article will explore the legal implications of driving while sleepy or exhausted in the state of Florida.

Can I Be Charged With Tired or Sleepy Driving in Florida?

Although there are no specific laws regarding “driving while tired” or “driving while sleepy” in Florida, the National Highway Traffic Safety Administration does recognize extreme exhaustion as being just as dangerous as alcohol or drugs when behind the wheel. As such, motorists must pay attention to how they feel and adjust their habits accordingly if they become overly tired during a long road trip or daily commute.

Civil Liability for Tired or Sleepy Drivers in Florida

Drivers in Florida, like everywhere else, can face civil liabilities when they are tired or sleepy and cause an accident. Civil lawsuits can arise from these incidents and generally fall into two broad categories — negligence per se (gross negligence) and ordinary negligence.

In a negligence per se legal action, someone is found to have acted with gross negligence if they have violated a safety law leading to injury of another person. In the case of Florida drivers who are overly tired or sleepy, this would mean that if their state of fatigue was so extreme as to amount to recklessness or gross negligence, then they could be found liable for any resulting car crash.

On the other hand, ordinary negligence is more typically applied in cases where a person simply failed to act as any reasonable person would have under similar circumstances.