Sleep Apnea Could Become Major Factor in Truck Accident Litigation
The following is a guest blog from the law offices of Schechter, McElwee, Shaffer & Harris in Houston, Texas.
As the evidence linking sleep apnea to higher incidences of driver fatigue becomes more established, it's going to be hard for trucking companies to feign ignorance about the possibility that their drivers may suffer from this condition, and be involved in an accident.
That piece of advice comes from trucking accident attorneys who believe that the time for ignorance about sleep apnea, is long past. It's becoming increasingly clear in spite of the protests of the trucking industry, that truck drivers who are at a high risk of obesity, are also at a high risk of obesity-related obstructive sleep apnea. This means that these truck drivers suffer from frequently interrupted sleep at night, and this could make them lethargic and drowsy the next day. According to the Federal Motor Carrier Safety Administration chief, sleep apnea is linked to approximately 13 percent of all driver fatigue cases.
For long now, American trucking industry groups have gotten away with pretending that the problem doesn't exist. There have been enough studies done to prove a link between obese truck drivers and sleep apnea-related driver fatigue, but these studies have met with derision from trucking companies. Now, these companies are receiving warnings from their own lawyers. Lawyers for trucking companies say that this attitude must stop, and it will be m ore and more difficult for trucking companies in the years ahead to avoid liability when their driver dozes off and causes an accident.
Currently, sleep apnea remains a minor factor in truck accident litigation. That'll soon change as more and more truck accident lawyers in Texas and elsewhere around the country, become aware of the role that sleep apnea plays in driver fatigue and accidents.
Schechter, McElwee, Shaffer & Harris is a Houston based law firm that has more than 100 years of combined experience representing clients that have suffered catastrophic injuries as the result of refinery explosions, maritime and construction accidents, and many other areas of personal injury.
As the evidence linking sleep apnea to higher incidences of driver fatigue becomes more established, it's going to be hard for trucking companies to feign ignorance about the possibility that their drivers may suffer from this condition, and be involved in an accident.
That piece of advice comes from trucking accident attorneys who believe that the time for ignorance about sleep apnea, is long past. It's becoming increasingly clear in spite of the protests of the trucking industry, that truck drivers who are at a high risk of obesity, are also at a high risk of obesity-related obstructive sleep apnea. This means that these truck drivers suffer from frequently interrupted sleep at night, and this could make them lethargic and drowsy the next day. According to the Federal Motor Carrier Safety Administration chief, sleep apnea is linked to approximately 13 percent of all driver fatigue cases.
For long now, American trucking industry groups have gotten away with pretending that the problem doesn't exist. There have been enough studies done to prove a link between obese truck drivers and sleep apnea-related driver fatigue, but these studies have met with derision from trucking companies. Now, these companies are receiving warnings from their own lawyers. Lawyers for trucking companies say that this attitude must stop, and it will be m ore and more difficult for trucking companies in the years ahead to avoid liability when their driver dozes off and causes an accident.
Currently, sleep apnea remains a minor factor in truck accident litigation. That'll soon change as more and more truck accident lawyers in Texas and elsewhere around the country, become aware of the role that sleep apnea plays in driver fatigue and accidents.
Schechter, McElwee, Shaffer & Harris is a Houston based law firm that has more than 100 years of combined experience representing clients that have suffered catastrophic injuries as the result of refinery explosions, maritime and construction accidents, and many other areas of personal injury.
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