Commercial truck drivers bear an enormous responsibility to themselves, their families, and loved ones, as well as the general public each time they get behind the wheel of their big rig, semi-truck, tractor-trailer, or 18-wheeler. These are huge and heavy machines, weighing several tons when loaded with cargo, designed to be driven at high speeds for extended periods of time.
The commercial trucker is a professional driver. He or she must understand the complexities of the rig: how long it will take to come to a stop and how much distance will be needed, for instance. They must be alert to road hazards, distracted drivers, and weather conditions.
Truck drivers know that at any moment they drive, they may face split-second decisions needed to avoid a serious accident or deadly crash. This is particularly true when they are driving at high speeds on routes like the Borman Expressway. Truckers have to be in good health, alert, and ready for a rapid response.
Federal Regulation of Truck Driver Health
As we discussed in our last post, the Federal Motor Carrier Safety Administration (FMCSA) requires that commercial truck drivers driving across state lines (interstate commerce) meet FMCSA’s physical qualification standards.
FMCSA requires the following for any trucker driving a rig in interstate commerce that weighs 10,000 lbs. or more:
- Have a physical examination by an approved medical examiner. This should result in a federally approved medical examiner’s certificate. The medical exam information is stored with the national Commercial Driver’s License Information System (CDLIS).
- If the truck driver has specific medical issues (like diabetes), then this information is kept in the CDLIS database. Truckers with physical conditions (vision impairment or hearing loss, for example) may still be able to drive with the appropriate federal exemption (approval for glasses, hearing aids, etc.).
To read the full text of this federal regulation, see 49 CFR 391.41 -Physical qualifications for drivers.
Commercial Truck Driver Medical Conditions
The federal government has passed specific federal regulations regarding certain medical conditions that may impact the driver’s ability to handle and maneuver a heavy commercial motor vehicle. They include the following:
- Alcoholism 49 CFR §391.41(b)(13)
- Cardiovascular Condition 49 CFR §391.41(b)(4)
- Diabetes 49 CFR §391.41(b)(3)
- Drug Use 49 CFR §391.41(b)(12)
- Epilepsy 49 CFR §391.41(b)(8)
- Hearing 49 CFR §391.41(b)(11)
- Hypertension 49 CFR §391.41(b)(6)
- Limb Impairment: 49 CFR §391.41(b)(2)
- Loss of Limb: 49 CFR §391.41(b)(1)
- Mental Disorders 49 CFR §391.41(b)(9)
- Respiratory Dysfunction 49 CFR §391.41(b)(5)
- Rheumatic, Arthritic, Orthopedic, Muscular, Neuromuscular or Vascular Disease 49 CFR §391.41(b)(7)
- Vision 49 CFR §391.41(b)(10)
None of these conditions automatically excludes the driver from operating commercial motor vehicles across state lines.
A truck driver with any of the above medical conditions may be able to receive his commercial driver’s license as long as he or she meets the corresponding exception to the condition, as defined in the particular regulation. For instance, a trucker who has suffered the loss of a foot, leg, hand, or arm can be okayed to drive his rig once he has obtained a Skill Performance Evaluation (SPE) Certificate pursuant to 49 CFR §391.49.
Truck Driver Health and Accident Claims
When a fatal truck crash occurs, or a trucking accident involving severe injuries to the truck driver and/or third parties (pedestrians, drivers and passengers in other vehicles, etc.), there will be an investigation into the causes of the crash. Almost immediately, both federal authorities as well as local law enforcement may be involved, as well as insurance adjusters representing the trucking company’s interests.
In each case, the physical health and well-being of the truck driver must be established as it existed at the time of the incident itself. Despite the federal protections regarding truck driver health, there are a myriad of circumstances where the cause of the crash may point to the truck driver’s immediate medical condition(s).
The trucking company who sends the truck driver out on the road must protect that trucker from risks that can result from the driver’s health. Hints that there may be claims to be asserted by the crash victims include:
- Dehydration;
- Drowsiness;
- Reaction to drugs (including over-the-counter medications like cough and cold medicines);
- Flu or Infectious Disease;
- Food Poisoning; and
- Undiagnosed issues (including sleep apnea).
Truck drivers may or may not be aware that they are experiencing a medical condition that endangers their ability to drive.
A driver may suddenly become dizzy or drowsy, or suffer a cramp from severe dehydration. Drivers may sometimes suspect they have medical issues but delay seeking medical treatment because they are pressured to get their cargo delivered and meet their deadline. Some may even succumb to the temptation to take drugs so they can stay awake and keep on driving, regardless of the current HOS rules.
Sleep apnea is a particularly serious concern for today’s commercial truck drivers. For details, read our earlier discussion regarding drowsy driving and truckers suffering from sleep apnea.
Also read the article published in The Atlantic on August 8, 2017, entitled “A Burdensome Regulation Screening Truck Drivers for a Sleep Disorder,” which explains “… the Trump administration has withdrawn a proposed requirement to screen drivers for a condition that causes them to spontaneously fall asleep.”
Today, the reality is trucker medical conditions and truck driver illness or disease can be a factor in fatal truck crashes. Each trucking accident must include an evaluation of the driver’s condition at the time of the crash and the corresponding safeguards (or lack thereof) instituted by the trucking company. Please be careful out there!
