A medical condition can affect an individual’s ability to safely operate a vehicle. This may be especially true when that medical condition goes untreated. In the trucking context, untreated medical conditions can lead to devastating accidents that leave victims with serious, sometimes catastrophic and life-long, harm. If you or a loved one has been injured in a truck accident, then it’s probably time to consider how best to build a legal claim, which may include gathering and presenting evidence of an untreated medical condition.
Trucking regulations remain vague
Federal trucking regulations only specify that a trucker can’t operate his or her truck if a medical condition renders him or her unable to do so safely. They do not address what kind of treatment certain medical conditions should receive before a trucker can be cleared to operate a rig. This means that a lot of ensuring safe trucking practices are followed falls on truckers and their honesty. A trucker with sleep apnea that goes untreated, for example, may wind up having his or her sleep disrupted hundreds of times per night, thus leading to fatigued and drowsy driving. If a trucker doesn’t report this condition, then information about it might not come out until a devastating truck accident occurs. So, the federal regulations don’t really do enough to keep you and your loved ones safe.
What this means for you
Proving a federal trucking violation, including one involving an untreated medical condition, can be enormously beneficial to a personal injury case, though. Yet, doing so can be challenging, especially when truckers and their employers deny all allegations of wrongdoing. This is why you need to be prepared with the evidence you need to build your case. You might need to take depositions, secure medical records, and acquire expert testimony. This often also means understanding the medical condition in question so that you know what you’re looking for and the dangers that the condition in question presented.
Be aggressive in pursuing what you deserve
If you or a loved one has been injured in a truck accident, then you’re probably dealing with enormous damages that touch nearly every aspect of life. As overwhelming as that can be, don’t let the stress of it all deter you from taking legal action in an attempt to recover what you deserve. Instead, think carefully about working with an attorney who will aggressively represent your interests and isn’t afraid to put in the work necessary to build the case you deserve.