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Truck accident caused by medical-related issue

Law Offices of James M. Curran

There are always those stories in the news, in New Jersey and elsewhere, about auto accidents caused by drivers who suffered medical-related issues. These problems can happen to anyone at anytime. As such, as a safety measure, those who drive for a living are generally required to have medical exams performed on a regular basis. A truck driver, for example, has to have one of these exams at least every two years. This is done in order to help avoid a truck accident.

According to the Federal Motor Carrier Safety Administration (FMCSA), truck drivers must have medical exams completed by licensed professionals. Only those medical providers who have been approved and certified to perform these exams may sign off on Department of Transportation (DOT) physical exams. A list of approved providers can be found through the FMCSA.

After a DOT physical exam has been completed, it may be valid for up to 24 months. A driver’s health will determine for how long the certificate is good. Those who have certain medical conditions may have to have physical exams completed more frequently.

If a truck accident occurs, in New Jersey or elsewhere, the driver’s records are often reviewed. This is done to ensure that he or she and his or her employer are compliant with all state and federal safety regulations. This may include looking into medical records. If an accident is believed to have been medically-related and the problem was missed or ignored during a physical, the driver and his or her employer could be held liable for any and all damages suffered by the victims or surviving family members. Through legal means, victims or — in the event of fatality — surviving family members may be able to achieve compensation for their losses.

Source: fmcsa.dot.gov, “DOT Medical Exam and Commercial Motor Vehicle Certification“, Accessed on Dec. 19, 2015

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