Medical evidence may reveal issues that contributed to the accident
It’s fact that in truck accidents, the truck driver medical records can show the driver was liable for causing or contributing to the accident. In a personal injury claim, your attorney can request medical records as part of discovery for the case. An experienced attorney knows how to use medical information to argue in your favor.
Medical conditions that disqualify truck drivers for licenses
The Federal Motor Carrier Safety Administration (FMCSA) has regulations that disqualify truck drivers from driving who have:
- Hearing loss
- Vision loss
- Epilepsy
- Diabetes and need to use insulin
The FMSC requires a diabetes or vision exemption to drive, and truck drivers may not drive without that exemption.
How else can medical reports influence the legal outcome of truck accidents claims?
Use of controlled substances can also impair driving capabilities. Only medically prescribed substances are legal for truck drivers to use while driving, but some medically prescribed substances disqualify truck drivers. For example, taking any anti-seizure medication prevents a truck driver from driving. Truck drivers are also medically unqualified from driving if they use amphetamines or narcotics or other habit forming drugs. Medications that causes drowsiness or impaired driving can lead to accidents.
By requesting medical records, your attorney may discover that the driver failed to disclose pre-existing conditions to the trucking company. Failing to disclose epilepsy, heart issues and vision problems would point to negligence.
In addition, your lawyer could hold the trucking company liable if they failed to check the driver’s fitness and ensure compliance with FMSCA regulations.
What medical records can your attorney request?
Your attorney can request the following medical information:
- The Department of Transportation (DOT) medical examination report. DOT mandates physical examinations every 24 months that truck drivers must pass. However, if the truck driver has high blood pressure or other health conditions, the medical examiner often requires more frequent examinations.
- Drug or alcohol test. Testing for drug or alcohol use is common after an accident. The DOT subjects truck drivers to mandatory drug and alcohol testing, which can be random and post-accident or when there is reasonable suspicion of substance abuse.
- Prescription medical records. Records will show evidence of the dosage and frequency of prescription use.
Do you need legal help with a truck accidents case?
If you have been seriously injured in a truck accident, it is vital to seek legal help. There are legal tactics that help you win or settle a personal injury case, such as procuring medical records. A seasoned lawyer understands the legalities involved and can devise an effective strategy to obtain fair compensation on your behalf. In addition, putting your case in your attorney’s hands allows you to focus on recovery instead of legal issues. Insurance companies try to minimize payouts, and our firm can level the playing field so you get the amount of compensation you deserve. To arrange a free consultation, contact the Law Office of John Fazzini. Call us at (631) 547-8989 or reach out to us through our contact form.