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Car & Truck Accidents Archives

Falling Asleep at the Wheel is Negligent, but is it "Reckless"?

Have you ever seen a car swerving back and forth on the highway, straying outside of the lanes? You probably thought this was a drunk driver. But perhaps it was a drowsy driver instead. Our Connecticut courts have had opportunity to address this situation. In the case of Potz v. Williams, 113 Conn 278 (1931), an older case that established a precedent for our current law today, the Court found that drowsy driving could support a claim for negligence. But what makes the decision interesting is the discussion about the driver's failure to stop driving when he knew that he was tired, but decided to continue on regardless. In such cases, there may be a claim for recklessness, which exposes a defendant to greater damages than a simple negligence case.

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