Long Island, NY Drowsy Driving Accident Lawyer

Over the past decades, much attention has been given to the issue of impaired driving – and for good reason. However, there is another growing risk on New York roads that drivers should be aware of: drowsy driving.

If you or a loved one has been injured in an accident caused by a sleepy driver, you understand how serious these accidents can be. The reality is: a fatigued driver who gets behind the wheel puts the lives of others at risk, and he or she should be held accountable for the resulting damages.

With the help of a car accident lawyer with Cellino Law, you can recover compensation for your losses and seek justice for yourself and your family. We are ready to put our decades of experience and success to work for you. Contact us today at (800) 555-5555 to schedule your free consultation to learn how we can help.

The Serious Nature and Statistics of Drowsy Driving

Many believe that they would be able to pull their vehicle over before getting too tired or falling asleep behind the wheel. In reality, though, when a person drives fatigued, he or she runs the risk of a microsleep.

This can happen without even realizing it, with your brain switching between wakefulness and sleep rapidly, with a sleep period lasting only a few seconds. For example, when driving at around 60 mph, even having a microsleep of 4 seconds results in 111 feet traveled without control, running the risk of drifting off the road or into oncoming traffic.

According to the Governor’s Traffic Safety Committee, driver fatigue played a role in 2,337 police-reported personal injury and fatal crashes in our state in 2017.

Crashes in Long Island involving a drowsy driver tend to have certain similar characteristics, often occurring:

  • In the late night, early morning, or midafternoon
  • On a high-speed road
  • With serious damages

Effects of Sleepiness on Driving Ability

Even before a person falls asleep behind the wheel, driver fatigue has major effects on a person’s ability to drive, including reaction time and concentration.

Slower reaction time

Having a slower reaction time means that a driver may not be able to react in time to stop and avoid an accident. This is an even bigger problem when traveling at higher speeds.

Reduced concentration

When driving, there are many tasks that require close attention to detail and the ability to multitask. When functioning on too little sleep, it can be easy for your thoughts to drift off and for you to lose focus on the road.

What Are the Risk Factors for Drowsy Driving?

Encountering a drowsy driver on the road can happen to anyone. However, in our years of experience, Cellino Law’s Long Island car accident lawyers have learned that there are specific factors that increase the risk of drowsy driving on the road.

Sleep loss

For many, not getting enough sleep is a regular occurrence. According to the Sleep Foundation, the recommended amount of sleep for teenagers is between 8 and 10 hours, and between 7 and 9 hours for adults. Of course, this is a general rule, and individual needs are different.

The amount of sleep a person needs to get sufficient rest can depend on a variety of factors, including:

  • Daily activity level
  • Health issues
  • Sleeping problems
  • Caffeine intake

When a person does not have enough rest over an extended period of time, the person can experience chronic fatigue, increasing the risk of driving while drowsy.

Driving patterns

As mentioned, the majority of drowsy driving accidents happen at a similar time of day: after midnight and in the mid-afternoon, when people are more likely to feel sleepy. It stands to reason, then, that Long Island drivers who are on the road at these times are more likely to experience drowsy driving accidents.

Certain types of workers are also at a higher risk of driver fatigue. Commercial drivers in particular are required to drive long hours and may be facing tight deadlines imposed by their employers. What’s more, healthcare workers and other shift workers may work varying hours without getting enough sleep.


According to state law, a drowsy driver can be charged with a DWI in Long Island if he or she is impaired by any type of drug, including legal, prescription medication.

Some commonly used prescription medications that can cause drowsiness include:

  • Xanax
  • Valium
  • Elavil
  • Anafranil

While a person may use caution when taking prescribed medication, many do not realize that even some over-the-counter medicines can have an effect on a person’s ability to drive. A person should use caution with certain allergy medicines and even herbal remedies.

Sleep disorders

Individuals in Long Island who are suffering from a sleep disorder, whether diagnosed or not, are at a higher risk of drowsy driving. There are dozens of recognized sleep disorders to be wary of, with insomnia and sleep apnea being two of the most common.

Both of these sleep disorders limit a person’s ability to get the amount of rest he or she needs. Insomnia makes it difficult for a person to fall asleep or stay asleep and can be either short-term or chronic.

People with sleep apnea experience breathing disruptions several times per night, limiting the amount of deep sleep their body gets.


Alcohol consumption on its own is known to increase drowsiness, even when it is consumed in smaller quantities. There are other ways that alcohol can be a factor in a drowsy driving accident as well.

For example, alcohol can interact with certain medications and compound negative side effects they can cause. Alcohol abuse has also been shown to cause sleep disruptions and reduce sleep quality. Especially if someone drinks heavily on a regular basis, that person may be more prone to being fatigued during the day, potentially resulting in a drowsy driving accident.

The Team at Cellino Law is Here for You After Your Accident

If you have been injured in a car accident that was caused by driver fatigue, you need the help of an experienced Long Island auto accident lawyer to handle your personal injury case. The award-winning lawyers at Cellino Law are here to help you understand your legal options after an accident.

Depending on the circumstances of your case, your drowsy driving accident lawyer can recover full compensation for your losses, including:

We understand that being injured in an accident is stressful, but you don’t need to handle the legal processes on your own. We are here to help. Contact us today to schedule your free consultation with the Cellino Law Long Island team.



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  • Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.


  • Cellino Law was a great company to work with. From the beginning they came out and met with my uncle and myself and assured us that everything would be taken care of from beginning to end our lawyer state and constant contact with us to make sure that everything would go smoothly and it did. I would definitely recommend anybody to go to Cellino Law for whatever help they need. And specifically please ask for the lawyer that we had Mr. Alan Silverstein. He was amazing and his staff was always attentive. Please go with them for your next law needs.


  • My experience during the time of negotiations was extremely positive. Josh Sandberg handled my lawsuit with the utmost integrity. He returned all my phone calls in a timely manner and answered all my questions. Josh made things less stressful. I would highly recommend Josh and the entire staff at Cellino Law.


  • This is to express our gratitude to you and your team in helping us and Stephanie navigate through the legal process following her car accident. We are very satisfied with the outcome and grateful for your hard work and attention to details. We fell confident that with this compensation, Stephanie will be able to move forward with her studies and her life with the ability to care for some of her health needs resulting from the injuries sustained following her car accident. Thank you very much and may God continue to bless your efforts.

    Jose & Rose

  • Cellino Law and more specifically my attorney, Gregory V. Pajak, Managing Attorney, and as a whole the Cellino Law Firm and its organization. This is by far one of the most professional law firms and attorney I have ever engaged with and retained in my 35 years. The level of professionalism goes beyond words, the care and constant engagement with me as the client was touching. I was never ever just treated as simply a CASE with potentially a significant dollar number attached to my file. I was engaged regularly, Tracey (Ass’t) and Greg always made sure to remain constant, as well as consistent in overseeing that my case was handled properly and that it did matter in many ways - ensuring that the end result(s) would be fair and reasonable to my case/injury. The regular follow-up calls were very satisfying, knowing that you’re involved in your case matters significantly AND always. One of my main items to recognize Cellino Law and Gregory is that whenever I called, I was able to get through to speak directly to my Lawyer and he would answer any if not all of my questions in a very professional and genuinely caring manner. I always felt cared for and protected legally and more importantly, I was made feel as a human being that was being cared for and always keeping me abreast of all matters connected to the case. There was never a point I felt let down, on the contrary -the level of service was “STELLAR”. Greg is the consummate professional, a ‘role model’, if you will, for what other attorneys should strive to become when dealing with their clients.


  • Mark Kochanowicz is from far the best attorney you can have. Mark treats you like a friend more than a client. He truly cares and go the extra mile for you and your case, contacts you to update you in regards to your case and keep you informed at all times. Mark represented me twice and settled my cases for way more than I expected. I highly recommend Mark Kochanowicz because he is just the best on what he does!!! Thank you Mark!!!!