Are truck drivers with sleep apnea legally entitled to drive since they put others in danger of a Florida truck accident?
According to the Federal Motor Carrier Safety Administration’s (FMCSA) website, it is written than drivers are entitled to drive with sleep apnea. However, if a person has moderate to severe sleep apnea, it can disqualify him as a commercial driver as it affects his ability to drive a truck safely.
According to the FMCSA, as many as 28 percent of commercial driver’s license-holders have sleep apnea. In order to drive with this sleep disorder, truckers have to be tested by a medical qualifying examiner to determine their fitness before driving commercial motor vehicles.
If sleep apnea is determined, drivers need to be treated during sleep with a continuous positive airway pressure (CPAP) machine in the form of a nasal mask. Once drivers are treated, they can gain the “medically qualified to drive” status, which is usually authorization to drive for one year. During this process, the medical examiner reviews the CPAP to make sure the treatment is working and alleviating the trucker’s sleep apnea.
Truckers need to comply with their treatment plan to make sure they are not a threat to others sharing the road with them. Unfortunately, many truckers do not comply with their treatment or are unaware they have sleep apnea, which puts innocent motorists at risk of being involved in a Sarasota truck crash.
If an injury or death was caused to you or your family because of a drowsy truck driver, your family deserves compensation for your damages and losses. Find out how to hold the truck driver and his trucking company liable here from a knowledgeable Sarasota injury lawyer at the Mallard Law Firm at 888-409-3805 and receive a free consultation today.