I was struck by a vehicle that crossed over the double yellow lines on a two lane highway. The other driver claimed that he fell asleep. Is there any way the sleepy driver would not pay for my damages?

Unfortunately there is a way for the driver to escape liability. But depending upon where the driver lives, there are different rules the court applies.

Downstate and Western New York

Your question really asks for an unlikely circumstance. The basic rule is that vehicles must travel on the right side of the road. NY Vehicle and Traffic Law 1126(a). If the jury finds that the sleepy driver crossed over the double yellow line, violating the Vehicle and Traffic Law, then the sleepy driver is negligent. Martin v Herzog, 228 NY 164 (1920); McDaniel v Clarkstown Cent. School Dist. No. 1, 111 AD2d 151 (2d Dept 1985). That would normally be the end of the case. You win and defendant will pay for your damages. However, your question asks if there is any way this case might not work out: a glass half-empty point of view.

The answer is probably not if the parties are downstate or in western New York. First, venue, or the location (county) for a case, is determined by residence of the parties. CPLR 503. So if the parties are downstate or western New York, they are in the second and fourth “Departments” respectively. The rule in those locations is the sleepy driver is presumed to be negligent. Spivak v Heyward, 248 AD2d 58 (2d Dept 1998); Kilburn v Bush, 223 AD2d 110 (4th Dept 1996). That means the jury is instructed to presume the sleepy driver is negligent. The sleepy driver has the burden of proof (probably some doctor) to show sleeping while driving was without any warning and unavoidable.

But even someone who suffers from narcolepsy (i.e. someone who spontaneously falls asleep) would still be liable. If a person truly has narcolepsy, this does not occur magically one day. The narcoleptic person would never have been given a driver’s license. Thus, the sleepy driver would still be negligent.

Upstate

The rule is slightly different upstate in the third “Department.” Rather than shifting the burden of proof, this area of the state still requires the plaintiff still prove negligence on the sleepy driver. Barney v Barney, 205 AD2d 1017 (3d Dept 1994).

In the end, this will probably not change the result. The fact still remains, sleepy driver crossed over the double yellow lines and caused the accident. So again, that should be the end of the case. The more unlikely scenario is if the upstate sleepy driver calls a doctor to testify that there was some unknown medical condition which caused sleepy driver to fall asleep and lose control of his car. Then a jury could possibly find the sleepy driver without negligence.

But the probability of a bad result is highly unlikely. You should remain optimistic and look at the glass half-full.

By James Santner, Esq.

If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.