Proving Fatigue & Medical Disqualifications in a Conroe TX Truck Wreck

Conroe, TX Injury Attorney Explains How Fatigue & Medical Disqualifications Can Affect the Value of Your Conroe, TX Truck Accident Claim

Truck drivers and trucking companies operate under pressure to get the most miles out of each haul in the shortest time. Their profits are dependent upon driving as many hours as possible. Meeting the demands of the trucking industry for long hauls and long hours leads to fatigue and/or chronic medical conditions in many truckers.

• Fatigue from driving long hours.
• Sleep apnea or other sleep disorders.
• Spinal injuries or chronic lower back pain from driving long hours in a seated position. Pain medications used to treat these conditions often cause drowsiness as a side effect.
• Depression. Medications used to treat depression also frequently cause drowsiness.

Federal and local regulations recognize the increased dangers of truck wrecks and injuries caused by fatigued or medically impaired truck drivers. Regulations seek to limit the hours truckers can drive in order to minimize fatigue dangers. Regulations also require medical examinations of all truckers to determine their fitness for duty.

If you can prove that the trucker who caused your truck accident was medically disqualified from driving at the time of the accident, you might obtain punitive damages that could substantially enhance your financial recovery on your claim.

You can use the trucker's own responses on the DOT medical examination to show dishonesty. When you have proven that his actual medical condition at the time of the accident differed from what he disclosed on the medical form, you could show medical disqualification. Your attorney might also subpoena hospital records, prescription medication records, and the testimony of primary care, medical specialists, and other physicians to help prove the truck driver's real medical state.

The pressures to drive profits provide strong incentives for truck drivers and trucking companies to ignore medical and fatigue issues that could endanger your safety. Only by holding the truckers and trucking companies financially accountable for their negligence and willful disregard of safety concerns can you help curb that tendency.

So when you have an accident claim to make, don't let the trucking industry off lightly. Hire an experienced Conroe, TX injury attorney with extensive insights into trucking practices. You attorney would know where to look to find evidence of negligence and disregard of safety regulation that he could use to good advantage to increase the monetary value of your case.

Contact Denena & Points for a free consultation regarding your accident claim. Chad Points brings prior experience in the trucking industry into play on your behalf. He knows trucking industry tricks and how to combat them for you. He and Tony have built a winning track record against the trucking companies using that insight. Call today if you need help after a truck accident.