Is Falling Asleep at the Wheel Considered Reckless Driving in Virginia?

You did not ask to be in the path of someone else’s fatigue. When a driver drifts into your lane or rear-ends your vehicle after falling asleep at the wheel, the consequences can change your life in seconds. Whether you are undergoing medical treatment, facing time off work, and dealing with the effects of your car accident injuries, one question tends to surface quickly: Can the other driver be held fully accountable? Is falling asleep at the wheel considered reckless driving under Virginia law?

At Geoff McDonald & Associates, we have more than 30 years of experience focusing on questions like the above. In Virginia, falling asleep behind the wheel is not just a lapse in judgment. It can meet the legal definition of reckless driving when it puts others at serious risk.

Is a Driver Who Falls Asleep at the Wheel Considered Reckless in VA?

Virginia law allows courts to view drowsy driving as more than simple negligence. If someone gets behind the wheel knowing they are dangerously fatigued – and injures another person as a result – they may face allegations of reckless conduct under Virginia Code § 46.2-852. That statute classifies reckless driving in Virginia as any operation of a motor vehicle that endangers life, limb, or property.

A personal injury lawyer from our team will investigate whether the driver had been awake for an extended period, whether they ignored signs of fatigue, or if they had a known sleep disorder. We will work to show that the crash was not just unfortunate – it was avoidable.

Proving Recklessness Creates Legal Leverage

Classifying a drowsy driving accident as reckless matters because it opens additional legal paths in your case. In Virginia, establishing recklessness may enable an attorney to seek punitive damages, in addition to compensation for medical bills, lost wages, and pain and suffering.

Punitive damages are reserved for behavior that goes beyond carelessness. If a driver knew they were unfit to drive, yet did so anyway, our firm will argue that their conduct rises to that level. While punitive awards are not guaranteed, they send a clear message: the courtroom does not excuse dangerous choices.

A car accident lawyer will also build a case using physical evidence, medical records, and driving history. If available, dash cam footage, witness testimony, or electronic data from the vehicle’s internal systems may confirm how the crash occurred. We leave no stone unturned in demonstrating liability.

You Have the Right to Be Taken Seriously

Too often, drivers who fall asleep at the wheel try to explain it away. They say it “just happened” or that they were “only tired for a moment.” That does not excuse the harm done. You deserve a legal team that will treat your injuries as more than a footnote in someone else’s bad decision.

When you work with Geoff McDonald & Associates, a car accident attorney from our office will make your story the center of the case. We will push back against insurers who try to minimize your claim. If they question the severity of your injuries or suggest shared blame, we will be ready to respond with facts, not assumptions.

You Can Count on Our Firm if You Have Been Hurt Due to Reckless Driving in Virginia

Falling asleep at the wheel might be considered reckless driving in Virginia when it causes harm. If you were injured because another driver chose to ignore their own fatigue, you deserve answers, accountability, and compensation. We will fight for all three. 

The team at Geoff McDonald & Associates is ready to help you take the next step forward. Please use our online contact form or call 804-888-8888 to schedule a complimentary consultation.