South Carolina Drowsy Driving Accident Lawyer

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Drowsy driving is an extremely dangerous and often overlooked factor in many car accidents across South Carolina and the U.S. Every year, hundreds of lives are lost because a driver is too tired to drive safely. According to the National Sleep Foundation, drowsy driving contributes to over 300,000 police-reported crashes, 100,000 injuries, and 6,400 deaths across the country annually. It’s also estimated to be a factor in one out of every five fatal crashes and one in ten crashes requiring hospitalization. In 2023 alone, NHTSA recorded at least 633 deaths caused by drowsy-driving-related crashes.

At Joye Law Firm, we help victims of drowsy driving accidents hold negligent drivers accountable. If you’ve been injured in a car accident caused by a fatigued driver, you may be able to receive compensation. These cases can involve serious injuries like spinal cord injuries, facial injuries, or broken bones, and it’s not always immediately apparent how severe the damage is.

Our South Carolina auto accident lawyers understand how to gather evidence, prove negligence, and push back against insurance companies trying to reduce payouts. We work hard to build strong car accident claims for those hurt by another driver’s reckless behavior.

How We Support Victims of Drowsy Driving Accidents in South Carolina

Here’s what our car accident lawyers will do for you if you are a victim of a drowsy driving accident:

Free consultation and No Fee Guarantee. We review your case at no cost and work on a contingency fee basis, meaning you owe no legal fees unless we win.
Thorough investigation. Our legal team secures crucial evidence such as police reports, traffic camera footage, driver work logs, medical records, and phone records to prove the at-fault driver was impaired or too tired to drive.
Medical care coordination. We can get you to doctors, specialists and therapists all while tracking medical bills and making sure they are paid. This helps take the weight off your shoulders.
Dealing with insurance companies. We handle adjusters, push for fair compensation for medical expenses, lost wages, property damage, and future medical bills, and shield you from low offers.
Building a strong claim. Our lawyers gather evidence, collaborate with crash experts, and, if needed, file a personal injury lawsuit to pursue financial compensation from negligent drivers.
Courtroom advocacy. We prepare each case thoroughly as if it is going to court, even though the vast majority of car accident cases are settled outside the courtroom. If an insurance company refuses to agree to a fair settlement, our attorneys will be prepared to seek justice on your behalf in court.
Regular updates. You receive clear progress reports, allowing you to focus on recovery while we advance the claim. You will also have a dedicated Case Manager and Attorney assigned to your case, whom you can call anytime with questions or to check in on your case.

Joye Law Firm has offices throughout the state and has been assisting accident victims since 1968. If a drowsy driver caused your car crash, call (888) 324-3100 or request a free consultation online today.

Notable Personal Injury Case Outcomes from Joye Law Firm

$2.41 Million Settlement for Passenger Victims

In September 2018, two sisters, aged 18 and 20, were passengers in a Tesla speeding through Charleston, South Carolina. The driver lost control while navigating a sharp turn at approximately 80 mph, resulting in a severe crash into multiple trees. Both sisters sustained significant injuries: the younger suffered a fractured pelvis, concussion, and damage to spinal hardware from a prior scoliosis surgery; the older endured multiple fractures, dental injuries, and a concussion. Their recovery involved surgeries, physical therapy, and extended use of mobility aids.

Attorney Mark Joye led a two-year legal battle against the driver’s insurer, which initially misrepresented the available coverage. Through meticulous examination of the insurance policies, Joye uncovered $3 million in coverage. The case concluded with a $2.417 million settlement for the sisters, plus an additional $100,000 for two other passengers.

$450,000 Settlement for Rear-End Collision

In the fall of 2022, a 60-year-old Myrtle Beach resident was rear-ended on Peachtree Road by a driver traveling at 65 mph, while he was slowing down to make a turn. The client had a history of chronic back pain, which was exacerbated by the collision. Attorney Tommy Terrell of Joye Law Firm recommended an updated MRI, revealing significant spinal damage necessitating a lumbar fusion surgery.

Atty. Terrell negotiated with both the at-fault driver’s insurer and the client’s own underinsured motorist (UIM) coverage provider. Despite initial resistance, both insurers agreed to pay their policy limits, resulting in a total settlement of $450,000. This compensation covered over $300,000 in medical expenses and provided financial relief during the client’s recovery.

Keep in mind that no two cases are exactly alike, and past results don’t guarantee what will happen in your case. That said, these outcomes reflect our firm’s experience handling complex personal injury claims and our determination to fight for what our clients deserve, whether that’s through skilled negotiation or taking a case to trial.

If you’ve been hurt and are wondering what your options are, don’t wait to get answers. Reach out to Joye Law Firm for a free consultation. We’re here to listen, guide you through the process, and stand by your side every step of the way.

Is Drowsy Driving Considered Illegal in South Carolina?

South Carolina has no stand-alone statute that bans “driving while drowsy.” Yet a fatigued driver can still be found at fault under the state’s general negligence rules. South Carolina requires every driver to operate a vehicle safely and to obey traffic safety laws. A driver who gets behind the wheel while too tired to react in time breaches that duty of care. Courts commonly compare fatigue to impaired driving because sleep loss slows reaction time in a way that resembles drunk driving.

Although police cannot ticket someone simply for feeling sleepy, officers may cite the at-fault driver for reckless driving under S.C. Code § 56-5-2920 when fatigue leads to dangerous maneuvers. Insurance adjusters also review police reports for yawning, lane drifting, or erratic speed, all classic warning signs of exhaustion. These facts help prove negligence in car accident claims and personal injury lawsuits.

How Can I Prove the Other Driver Was Drowsy?

Building a personal injury claim demands solid proof. Because fatigue is not always immediately apparent, quick action preserves evidence that can convince insurance companies, or a jury, that the other driver fell asleep at the wheel. Evidence that can be helpful in proving these claims may include:

Crash scene data
Driver statements and behavior
Employment and travel records
Medical documentation
Witness testimony
Video footage from dashcams, CCTV, or surveillance

Gather evidence right away. Photos fade, vehicles involved get repaired, and memories blur. If possible, take photos or videos of the scene and include vehicle positions, damages, road conditions, any visible injuries, and witness information. A car accident lawyer can also subpoena phone records, obtain surveillance video, and hire reconstruction specialists to show how fatigue caused the wreck. Early legal representation also shields you from insurance adjusters who may downplay drowsy driving.

Who Can Be Held Liable in a Drowsy Driving Accident in South Carolina?

When a fatigued driver causes a crash, it’s easy to focus solely on that individual. But in many cases, liability may extend beyond the driver to include other parties whose actions or inaction contributed to the dangerous situation. South Carolina law recognizes multiple avenues for establishing fault, especially when commercial vehicles or third-party negligence is involved.

Employers of Commercial Drivers: Companies that employ truck drivers, delivery workers, or other commercial operators have a legal duty to ensure safe driving practices. If an employer pushes truckers or delivery drivers to meet unrealistic schedules, ignores mandatory rest breaks, or fails to monitor driver logs, they may face civil liability.
Vehicle owners: If the fatigued driver borrowed a friend’s car and lacked a proper license, the owner’s insurance policy may cover damages. If the driver of the vehicle knew (or should have known) that the person was unlicensed, unfit to drive, or likely to drive while fatigued, they may be held accountable, even if the owner wasn’t in the car.
Rideshare and commercial carriers: Companies like Uber, Lyft, and freight outfits are required to follow South Carolina and federal safety rules. If they failed to vet or monitor a tired driver, they can be on the hook.
Manufacturers or maintenance providers: Sometimes, a crash involves more than human error. A malfunctioning lane-departure warning system or defective brakes can combine with fatigue to cause serious injuries. Product liability law allows injured people to pursue financial compensation from those who built or serviced unsafe parts.