BUFFALO, N.Y. -- Saturday's deadly accident in Delaware Park is an example of just how dangerous drowsy driving can be. Police sources tell Time Warner Cable News the driver told authorities he was asleep when the crash happened.

Because the driver hasn't been charged, we are not identifying him.

"The U.S. Department of Transportation has statistics concerning those. They say on a typical day, 250,000 Americans drive while sleep deprived and it causes annually 100,000 crashes, 1,550 deaths and 40,000 injuries," said John Elmore, personal injury attorney.

Despite those numbers, drowsy driving is not illegal in New York State.

We spoke with lawyer Tom Burton over the phone, who said carelessness isn't criminal, and lawyers said, based on the information available now, it is unlikely the driver in Saturday's crash will face criminal charges.

"You could still try to make criminal negligence, but you would have no show someone knew more. They had been warned by a doctor that they, for example, become drowsy while taking a prescription medication. Even that is going to be a tough fact pattern," said Paul DerOhannesian, lawyer.

"If there is going to be a potential criminal charge, it would be due to his actions after the accident," said Elmore. "I'm only speculating. If he told police the truth, then he probably won't be charged criminally."

That doesn't mean there won't be any legal action. Elmore says a civil suit is probably already in the works.

"If you fall asleep, you're negligent. The issue won't be the negligence. The issue will be the amount of damages and the amount of pain and suffering, the amount of economic losses, the amount of emotional distress that was involved. It was a horrific, tragic event that could have been prevented if the person exercised due care and he didn't," Elmore said.

It likely won't be only the driver who's sued. Elmore says the City of Buffalo and New York State will also likely be named in a negligence and wrongful death civil suit.

"There have been reports that neighbors and other users of the park have complained to the city and complained to the state about the speed limit and lack of barriers there and that would seem to me to place those two government entities on notice of the danger."