Connecticut residents may be familiar with a condition called sleep apnea. It causes people to start and stop breathing on a regular basis when they sleep. There are many factors that may cause a person to get obstructive sleep apnea such as poor diet and lack of exercise. Complications from surgery or side effects from medication can also lead to the condition in some people.
The main risk for truck drivers is getting into an accident while drowsy. To reduce the risk, truck companies may require their drivers to get tested for sleep apnea even if their drivers don’t want to do so. In fact, they may be required to pay for the testing themselves. These may be the effects of a Supreme Court ruling in favor of Crete Carrier in a case where a driver claimed the company violated the Americans with Disabilities Act.
His lawsuit claimed that his rights were violated because the company only made him take the test because his BMI was higher than 35. The man was fired after not taking the test. The Federal Motor Carrier Safety Administration forbids carriers from allowing drivers to operate commercial vehicles if they have sleep apnea or other conditions that make it unsafe to do so. Currently, there is no formal treatment guidelines for drivers who have sleep apnea.
People who are hurt in trucking accidents caused by truck driver fatigue may wish to file a personal injury lawsuit against the driver who caused the crash. It may also be advisable to name the driver’s employer as an additional defendant as well. Injured victims might want to have the assistance of an attorney when doing so.
