Personal Injury Home Truck Accidents Fatigued Driver Accidents

Colorado Springs Fatigued Driver Accident Lawyer

Written by Timothy R. Bussey · Reviewed by Benjamin Wilcox · Last updated 27 September 2026

Key Takeaways

Deadline: 3 years if a motor vehicle was involved (C.R.S. 13-80-101(1)(n)); 2 years for most other injury claims (C.R.S. 13-80-102).
If you were partly at fault: damages are reduced by your share and barred entirely at 50% (C.R.S. 13-21-111).
Where it is filed: El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903.

What are the signs a driver was fatigued?

In the crash itself: no braking, no evasive steering, a straight-line departure from the lane, and an impact at full travelling speed.

A driver who fell asleep does not react, and the absence of skid marks or of any braking in the event-data recorder is often the clearest evidence there is. For a commercial driver, the electronic logging device and hours-of-service records show whether they were legally allowed to be driving at all.

Does insurance cover a crash caused by falling asleep at the wheel?

Yes.

Falling asleep is negligence, not an intentional act, so the at-fault driver's liability policy responds in the ordinary way — there is no exclusion for it. Where it changes the case is proof: fatigue leaves no chemical trace, so it is established circumstantially through the absence of any avoidance, the time of day, and what the driver had been doing for the preceding twenty-four hours.

Ready to Help the Victims of Fatigued Driver Accidents in Colorado Springs

After working long hours, it may be tempting for drivers to hop in their cars and make their way home. However, what many drivers do not realize is that driving while overly tired can be just as dangerous as driving drunk. Fatigued drivers are often unable to slow down properly, stay in their lane, or even keep their eyes open while behind the wheel. When a drowsy driver causes an accident, that accident is often devastating.

If you have become the victim of an accident with a drowsy driver in Colorado Springs, you have likely been left with catastrophic injuries. You may be feeling hopeless, especially if your injuries have left you with mounting medical debt. That is where we at The Bussey Law Firm, P.C., come in. We have worked with many accident victims and know how best to approach these kinds of cases. For help getting the compensation you not only deserve, but need, call our Colorado Springs car accident lawyers at (719) 475-2555 today.

The Dangers of Drowsy Driving

Driving requires constant attention. At any moment, a pedestrian could cross a street, a light could turn red, or traffic could come to a sudden halt. What makes fatigued drivers so dangerous is the fact that they are incapable of paying attention to the road. Even if the car in front of them gives plenty of warning about coming to a stop, a fatigued driver may not notice and slam into the car anyway.

In fact, according to the Centers for Disease Control and Prevention (CDC), driving while overly tired is the equivalent of driving while drunk. Driving after being awake for 15 hours is the same as driving with a blood alcohol content (BAC) of .05%. Driving after being awake for a full 24 hours is the same as driving with a BAC of .10%, which is over the legal limit of .08%. Drowsy drivers having limited reaction times, an inability to make judgment calls, and poor coordination. Drowsy drivers are just as dangerous as drunk drivers, if not more so.

There is a great amount effort put into educating drivers of the danger of driving while intoxicated. While this education does not stop all drivers from getting behind the wheel while drunk, it does prevent some. However, there is very little information available for drivers about the dangers of driving while overly fatigued. That means that drivers are far more inclined to do it, not realizing it is incredibly dangerous. As a result, they cause severe accidents, and catastrophic injuries.

Common Injuries Caused by Fatigued Drivers

As sleepy driving is incredibly similar to drunk driving, the severity of the accidents caused by sleep-deprived drivers are also very similar. Tired drivers usually do not have the concentration or cognitive ability to recognize when they should slow down. This means that a collision caused by a drowsy driver will be a high-speed one. High-speed collisions will cause far more severe injuries, such as:

That is, if you survive. Drowsy drivers are responsible for thousands of deaths every year. The injuries they cause are often so severe that their victims die before making it to the hospital. If you have lost a loved one due to a drowsy driver, then you can file a wrongful death claim in order to recover damages. If you were the victim of a drowsy driver, then you can, instead, file a personal injury claim. However, to file a successful claim, you will need to prove liability on the driver’s part.

Proving Liability in Colorado Springs

It can be difficult to spot a drowsy driver. Unlike intoxicated drivers, there are no tests, such as a breathalyzer, that can determine how tired the driver was when he or she got behind the wheel. On top of that, the adrenaline from the crash is very likely to wake the driver up. However, you do not need to prove that the at-fault driver was fatigued in order to receive compensation; you just need to show that he or she was at fault for the accident. Here’s how:

Duty of care: The person must have had a duty of care to you. This means that the driver was legally responsible for keeping you reasonably safe with his or her actions. This is an easy step, as all drivers have a duty of care toward those on the road with them.

Breach of duty: You must show that the driver breached the duty of care with some sort of negligence, such as by falling asleep at the wheel. That will involve gathering evidence, such as a police report, witness statements, photos of the accident scene, and security footage if it is available.

Causation: The breach of duty of care must be the reason why the wreck happened. If the fatigued driver fell asleep at the wheel and failed to stop at a stop sign, slamming into you as you tried to cross an intersection, then that would be the breach leading directly to the accident.

Damages: Perhaps most importantly of all, the accident must have caused you tangible harm. These “damages” are what you are trying to claim compensation for, so if there were no damages, then you cannot receive compensation. Gathering documentation for your damages is relatively easy, and usually involves getting a quote from a mechanic, as well as pulling together a medical report on your injuries and any medical bills you received for your treatment.

Gathering the evidence you need is not an easy process. It will require a proper investigation, and hours spent poring over the witness statements, documentation, and security footage. Keep in mind, you won’t be proving these facts to the drowsy driver, but their insurance provider. Insurance companies are rarely willing to hand over compensation, even when they are legally obligated to do so. If you want the compensation that you deserve, then you need to work with a skilled and determined Colorado Springs truck accident attorney.

Call a Colorado Springs Car Accident Lawyer for the Help You Deserve

We at The Bussey Law Firm, P.C., have years of experience working with car crash victims, especially victims of drowsy drivers. We know the ropes and are ready to fight for your rights to a fair settlement. If you have become the victim of a fatigued driver, then you need one of our Colorado Springs fatigued driving accident lawyers in your corner. Call our firm at (719) 475-2555 to set up your free consultation today.

Additional Information

Drowsy Driving - NHTSA

Frequently Asked Questions: Fatigued Driver Accidents in Colorado Springs, CO

Suffering injuries in a fatigued driver accident can leave you with numerous questions and concerns. At The Bussey Law Firm, P.C., we understand the challenges you might be facing, and we are here to provide answers to some of the most common questions you may have. If you have additional inquiries or require personalized legal guidance, do not hesitate to reach out to our lawyers.

What should I do immediately after a fatigued driver accident?

After ensuring the safety of yourself and others, the first step is to call law enforcement to report the accident. Seek medical attention even if you feel fine, as some injuries may not show immediate symptoms. Document the scene with photos if possible and exchange information with the other driver. It’s also essential to consult with an attorney as soon as possible.

How can I prove that the driver was fatigued at the time of the accident?

Proving driver fatigue can be challenging, but our legal team has experience in gathering evidence, such as police reports, witness statements, and driving records. We can also subpoena phone records or logbooks if necessary to establish the driver’s state of mind at the time of the accident.

What damages can I recover in a fatigued driver accident claim?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and other economic and non-economic damages. The specific damages vary depending on the circumstances of your case, and our attorneys will work to maximize your recovery.

How long do I have to file a fatigued driver accident claim in Colorado Springs?

Colorado has a statute of limitations, which typically allows you up to three years from the date of the accident to file a personal injury claim. However, it’s crucial to consult with an attorney as soon as possible, as the timeline can vary based on the specifics of your case.

Should I talk to the insurance company without an attorney?

It is generally not advisable to speak with the insurance company without consulting an attorney first. Insurance adjusters may use your statements against you to minimize their liability. It’s best to have your attorney at The Bussey Law Firm, P.C. handle all communication with the insurance company to protect your rights.

What sets The Bussey Law Firm, P.C. apart in handling fatigued driver accident cases in Colorado Springs?

Our legal team has extensive experience in handling fatigued driver accident cases in Colorado Springs. We are committed to ensuring that our clients receive full and fair compensation for their injuries. We offer personalized attention, dedicated support, and aggressive representation to help you navigate the complexities of your case.

How long do I have to file this claim in Colorado?

Three years from the crash, because this is a tort action for bodily injury arising out of the use of a motor vehicle under C.R.S. 13-80-101(1)(n) — a year longer than Colorado's general tort deadline. If a city, county, district or state vehicle or roadway is involved, a far shorter clock governs first: written notice within 182 days under C.R.S. 24-10-109(1), which that statute calls "a jurisdictional prerequisite" whose failure "shall forever bar any such action".

What does a fatigued driving claim cost to pursue?

Nothing up front, and nothing at all unless there is a recovery. A fatigued driving review is free and the firm is paid a percentage of what it recovers rather than by the hour, so asking costs nothing. Call (719) 475-2555.

Is driving tired really comparable to driving impaired?

In its effect on reaction time and judgement, yes — and unlike impairment it leaves no chemical trace, which is why these claims are built from schedules and logs rather than from a test.

Who is liable when a fatigued driver causes a crash?

The driver, and for a commercial driver the carrier as well. Federal hours-of-service limits exist precisely to prevent this, and a carrier that dispatched a run which could not be made legally is in the claim.

Where is a fatigued driving claim filed?

In the El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903 — the district court serving El Paso County. Most claims settle without a court appearance; if one does not, the lawsuit is filed there and must be filed before the deadline runs.

Why do the logs matter more than the driver's account?

Because electronic logging devices record duty status independently. Where those records and the dispatch times cannot both be true, that contradiction is the case.

How is fatigue shown in a non-commercial crash?

From the time of day, the length of the journey, the absence of any braking or evasive action, and the driver's own account to police at the scene.

What Are the Colorado Deadlines and Rules on This Claim?

Which deadline applies depends on how the injury happened, not on what it is called. Colorado gives three years to a claim arising from the use or operation of a motor vehicle and two years to most other injury claims. Missing the deadline normally ends the claim regardless of its merits.

Colorado deadlines and rules that apply to this claim
A claim arising from the use or operation of a motor vehicle	3 years — C.R.S. 13-80-101(1)(n)
Most other personal injury claims	2 years — C.R.S. 13-80-102
If you were partly at fault	Damages reduced by your share, barred at 50% — C.R.S. 13-21-111
Where a Colorado Springs claim is filed	El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903

Sources and References

Deadlines are cited by section to the Colorado General Assembly’s published 2024 revised statutes. This page is general information, not legal advice, and does not create an attorney-client relationship.

Past results do not guarantee future outcomes. Every case is decided on its own facts.