Sleep Apnea and Truck Drivers

Sleep Apnea and Tractor Trailer Drivers? 

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Sleep apnea is the name given to a disorder characterized by persistently poor sleep at night due to shallow breathing and frequent wake-ups, which can occur as many as 30 times an hour. Since the state of normal deep sleep is not achieved, the sufferer seldom gets a restful night of sleep, and consequently experiences frequent periods of drowsiness during the day. The most common form of this disorder is known as obstructive sleep apnea, and it occurs when a person’s airway becomes blocked while sleeping, which then triggers the shallow breathing or pauses in breathing.

Sleep apnea and truckers

The Federal Motor Carrier Safety Association (FMCSA), sponsored a study at the University of Pennsylvania, in which it was determined that approximately 28% of all commercial truckers on the road were suffering from sleep apnea. Cases ranged from mild to severe in this sampling, and the vehicle operators reported varying degrees of difficulty with concentration, focusing their eyes, staying alert to traffic conditions, and even staying awake while driving. While none of the drivers reported actually falling asleep, it is known that accidents frequently occur simply as a result of reduced alertness or slowed reactions.

Can truckers with sleep apnea drive legally?

FMCSA regulations specify that any driver with a medical condition which might interfere with their ability to safely operate a commercial vehicle is ineligible to drive professionally. To be legally disqualified from driving, a trucker must be diagnosed with a moderate to severe case of sleep apnea. However, this assumes that the driver has been diagnosed with a medical condition such as sleep apnea in the first place, and there are undoubtedly a great many drivers on the road who have never been diagnosed by a medical professional.

If a driver has been diagnosed with sleep apnea by a competent physician, is being treated for that condition, and has been declared medically fit for driving, there are no further prohibitions against driving, at least from a medical standpoint. It should be understood however, that every state imposes its own standards for clearance in cases involving medical conditions in commercial drivers.

Legal obligations of a trucking company

Any trucking company or motor carrier organization is prohibited from requiring or allowing a driver to operate one of its vehicles when that driver has been diagnosed with sleep apnea, and has not been medically cleared for work. This of course includes any medical condition whatsoever which might interfere with the driver’s ability to safely operate the vehicle, and potentially cause themselves harm or harm others.

There are times of course, when urgent business requirements supersede safe practices for some companies, and drivers may be sent out on the road without proper medical clearance, or even without the condition being diagnosed at all. These are situations which take on legal implications, because there is a factor involved of willful violation of safety protocols involving commercial vehicles.

Such scenarios can easily lead to truckers dozing for short periods or experiencing momentary loss of alertness, and when that happens, a tractor-trailer can be converted into a weapon weighing several tons, traveling at dangerous speeds. The National Highway Transportation Safety Association (NHTSA) has estimated that more than 100,000 accidents in this country are annually attributable to commercial truck drivers dozing off on the road, causing 1,500 fatalities and another 40,000 injuries to individuals involved.

Have you been victimized by a drowsy truck driver in West Virginia?

The firm of Bailey Javins and Carter of Charleston, WV, has represented numerous individuals and families of individuals who have been victimized by truckers urged to drive longer hours than are safe, and from drivers not medically cleared for their conditions. Cases which involve driving fatigue of some kind can often have devastating consequences, due to the nature of large commercial vehicles traveling at high speed. There are accordingly some very strict federal regulations governing such vehicle operation, especially when it relates to driving long hours.

Regardless of the reason for an operator driving while fatigued, there is no legal justification for it, and if it causes an accident involving you or your family on the road, there is a high likelihood that you will be entitled to compensation. Contact Bailey Javins and Carter for a consultation about your case, and allow us to put our years of experience to work on your behalf. The experienced truck accident attorneys at Bailey Javins & Carter have helped many others recover from traumatic road accidents with commercial vehicles, and we are prepared to assist you with getting your life back in order as well.  Contact the firm at (800) 497-0234.

 

PTSD After a Serious Car Accident – Fact or Fiction

PTSD After a Serious Car Accident – Fact or Fiction? 

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Post-traumatic Stress Disorder (PTSD) is a mental health condition which was formerly only associated with military personnel who had undergone the trauma of combat, and who experienced subsequent symptoms referred to as ‘shell shock’. The same collection of symptoms is now recognized as being indicative of a condition which also affects civilians who have experienced some kind of life-threatening event, and it has been given the broader designation of PTSD.

The effects of this disorder might cause the victim to re-live the event repeatedly, to have frequent periods of nervousness or agitation, or to have trouble sleeping, and these disruptions can make getting through a normal day problematic. It is also likely that the behavior of the victim will change significantly in the aftermath of such an event, for instance having a fear of driving in cars, or going anywhere near the actual site of the accident. While it’s fairly normal to undergo these kinds of symptoms for a time following such a traumatic event, when the effects persist into months or years, that becomes a sign that the PTSD has set in.

Is PTSD really possible after a car accident?

Many people have claimed to suffer from PTSD after living through some kind of horrendous auto accident, some of whom have undoubtedly been genuinely troubled by either witnessing or experiencing such an event. However, the condition is also claimed by a great many individuals whose intentions are less sincere, and who hope to profit through litigation.

Historically, in court cases dealing with claimants supposedly experiencing PTSD, the awards have been significant, at least when the court has ruled they are legitimate. In a review of almost 1,400 cases centering on PTSD claims, the plaintiff received compensation approximately 2/3 of the time, and of those recipients, roughly 1/3 were awarded amounts in excess of $1 million. In almost all cases though, legitimacy is difficult to verify.

Legal determination of PTSD

Therein lies the rub. Legitimacy – how is it confirmed or debunked?

The court does not consider there to be any ‘shades’ or degrees of PTSD – the condition is either present or it isn’t, and there are no gradations on the PTSD meter. There is a 6-point process for legal determination of the disorder, which follows the following guideline:

  • Personal exposure – the claimant must have personally witnessed or been involved with an event he/she perceived to be life-threatening
  • Recurring symptoms – the claimant must be re-living the event, in the form of nightmares, flashbacks, seizures, severe anxiety, or abnormal body processes, like excess sweating, elevated blood pressure or heart rate, etc.
  • Aversion behavior – the victim exhibits aversion to people, places, or activities associated with the event, for instance driving in cars
  • Change of personality – these can include loss of self-worth, disinterest in former habits and friends, memory loss, negative feelings, etc.
  • Sleeping problems – difficulty sleeping, recklessness or destructive behavior, frequently ‘on edge’
  • Condition is chronic – any or all of the above have persisted for longer than one month

Of greatest interest to the jury in cases like these is whether or not the event which triggered the condition is sufficiently traumatic to have caused all the observed symptoms. Generally speaking, when the jury is convinced of the seriousness of the incident, the plaintiff has received monetary compensation. However, there is always a great deal of supporting documentation necessary to prove that the symptoms are indeed present, and are contrary to the claimant’s prior behavior. This puts the onus for proof on the believability of the claimant, and the expertise of their legal team.

Representation for a PTSD case

Given the fact that a PTSD case generally hinges on proving severity of the incident, and the resulting symptoms in a claimant, it should be fairly clear that a legal team experienced in such cases would be of the utmost importance. When you, or someone you know, has been experiencing some or all of the symptoms described above, your first call should be to the firm of Bailey Javins & Carter.  The experienced and knowledgeable injury attorneys at Bailey Javins & Carter have successfully litigated hundreds of injury cases and are prepared to talk with you about your injury case.

Having earned a stellar reputation as West Virginia’s premier legal team in situations involving the state’s most catastrophic accidents, Bailey Javins & Carter is well-qualified to represent you. If your life has been turned upside down by a terrible accident, contact our legal firm at (800) 497-0234, or online, to help you set things right again.