Nearly one-third of truck drivers in the United States have sleep apnea, according to a report from the Federal Motor Carrier Safety Administration (FMCSA). Sleep apnea in truck drivers not only poses a danger to others on the road but also raises questions about liability for sleep apnea-related accidents.
The federal government does not have specific sleep apnea regulations for truck drivers, but drivers and companies can still be held liable for sleep apnea-related crashes.
What Is Sleep Apnea and Why Is It Dangerous for Truck Drivers?
Sleep apnea is a sleep disorder characterized by breathing that repeatedly starts and stops during sleep. Sleep apnea can be caused by the throat muscles obstructing airflow or the brain failing to control breathing while sleeping.
Common symptoms of sleep apnea include loud snoring, gasping for breath, dry mouth, poor sleep quality, and difficulty staying asleep.
Sleep apnea can impair driving ability and make an already hazardous job even more perilous. If untreated, daytime drowsiness from the condition can make it challenging to focus the eyes, react quickly while driving, or stay awake. Most cases of sleep apnea can be successfully treated, but if they are not, a trucker’s sleep apnea creates a greater risk of a crash.
The Link Between Sleep Apnea and Fatigue-Related Truck Crashes
Some of the most common side effects of sleep apnea are chronic fatigue and excessive daytime sleepiness. Interruptions in breathing reduce the quality of sleep and make it harder to fall asleep. As such, truck drivers who have sleep apnea are more at risk of motor vehicle accidents due to fatigued driving.
According to the NTSB, driver fatigue and truck accidents share a close relationship, and fatigue was a factor in an estimated 31 percent of heavy truck accidents in one recent year.
Regulations on Sleep Apnea for Commercial Truck Drivers
Federal regulations do not require trucking companies to screen drivers specifically for sleep apnea. However, they do require trucking companies to monitor drivers for conditions that could impact their ability to drive safely.
If a company suspects a driver has problems that affect their ability to drive, it must intervene and address them. Regulations also limit the number of continuous hours truck operators can drive and impose mandatory resting periods after trips.
Who Is Liable in a Truck Accident Caused by Sleep Apnea?
Sleep apnea accident liability can fall on the driver or the trucking company, depending on the circumstances.
- Truck driver – Truckers can be liable if they knew about their condition but did not seek appropriate treatment or manage it correctly (for example, not using a CPAP machine or other prescribed treatments).
- Trucking company – Trucking companies are generally vicariously liable for their employees’ negligence. A trucking company can also bear liability for sleep apnea accidents through negligent retention practices. If the company knew about the driver’s condition but did not take steps to address it, it could be held liable for injuries from a resulting accident.
How a Truck Accident Lawyer Can Help with a Sleep Apnea-Related Case
One of the most difficult aspects of these types of cases is proving that untreated sleep apnea or another sleep disorder was a causal factor in the commercial motor vehicle accident.
The attorneys at Craig, Kelley and Faultless LLC can conduct a thorough investigation and gather information, such as driver medical records, driving history, and records of driving infractions, to assess both driver and company liability. We can also utilize expert testimony to describe how a trucker’s sleep apnea contributed to the crash.
Sleep apnea truck accident cases can be difficult to pursue, but having a competent and accomplished personal injury attorney on your side can increase the chances of successfully obtaining compensation.
Contact our offices online or call today to speak to an Indiana fatigue-related truck accident attorney. The consultation is free, confidential, and without further obligations.
