Although they are subjected to numerous federal regulations, truck drivers present the same dangers that other motorists pose on our roadways. They can be drunk, distracted, and reckless, thereby putting others in harm’s way. Those who have been injured in a truck accident that is caused by one of these negligent truckers may need compensation that is only recoverable through a personal injury lawsuit. One way to try to succeed on one of these claims is to show that the trucker who caused the accident suffered from an untreated medical condition.
Untreated Medical Conditions
Federal regulations indicate that truckers can only be medically cleared to drive if evidence has been submitted showing that any medical condition that affects one’s ability to safely drive has been effectively treated. This is a broad regulation that doesn’t address specific medical conditions, so the burden is on a truck accident victim to show that an untreated medical condition exists and that it caused unsafe driving practices. Once that has been established, then a victim must show that those unsafe driving practices caused the accident in question and any resulting injuries.
Sleep apnea is one of the many medical conditions that, if left untreated, can lead to a dangerous driving situation. This condition causes a person to temporarily stop breathing during sleep, thereby causing them to wake up so that they can resume breathing. These disruptions can occur hundreds of times per night resulting in an extremely tired driver taking to the road.
What Should You Do?
Prepare your case as thoroughly as possible. You and your attorney can engage in discovery practices, which allow you to learn information from other parties such as whether a troublesome medical condition exists. If you think you could benefit from assistance in building your case from the ground-up, then you might want to look into successful firms that are well-suited to advocate on your behalf.