Truck Drivers and Ineligible Medical Conditions By Moody Law | Personal Injury Attorneys on May 04, 2020

Commercial truckAmong all the vehicle accidents that occur each year, commercial truck accidents are some of the most dangerous. Truck accidents are often catastrophic or deadly. Because truck accidents can be so damaging, there are many regulations in place to minimize the risk of collisions involving commercial trucks. One of these regulations prevents people with certain medical conditions from obtaining a commercial driver’s license.

The truck accident attorneys at Moody Law help clients from Lakeland, FL, Winter Haven, FL, and surrounding areas understand the ineligible medical conditions that impact truck drivers, as well as discuss the legal options available to those who are injured in an accident that was caused by a driver with a medical condition.

Disqualifying Medical Conditions

The Federal Motor Carrier Safety Administration, or FMCSA, oversees the safety regulations pertaining to commercial truck drivers. The FMCSA has ruled that there are four medical conditions which disqualify a person from obtaining a commercial driver’s license:

  • Vision loss
  • Hearing loss
  • Epilepsy
  • Diabetes or insulin use

It is important to note that prospective truck drivers with one of these medical conditions can request an exemption that allows them to be eligible for a commercial license. A medical exemption may only be granted by a medical examiner listed on the FMCSA’s National Registry. A medical examiner may grant an exemption if there is sufficient evidence (i.e. medical records, driving records) to show that the applicant can operate a commercial vehicle safely.

Additionally, rule changes have recently loosened license restrictions regarding diabetes and insulin use. Diabetic drivers no longer need a medical exemption, provided they are able to demonstrate that they have their diabetes under control through a regular insulin regiment.

How Are Regulations Enforced?

The FMCSA enforces their medical regulations by requiring that every driver who is seeking a commercial driver’s license undergo a medical examination with an authorized medical examiner. However, trucking companies also need to do their part to prevent unsafe drivers from being on the road. When hiring drivers, trucking companies should review the applicant’s driving records and medical records before offering them a position.

What If I Am Injured in an Accident Caused By a Driver with a Medical Condition?

Despite regulations regarding ineligible medical conditions, there are still unsafe truck drivers on the road. If a truck accident is caused by a driver with an ineligible medical condition, anyone injured in the accident has the right to seek financial compensation for resulting losses.

Our attorneys can help hold liable parties accountable so that our clients are awarded damages for losses such as medical expenses, lost wages, and pain and suffering. Depending on the details of the accident, liable parties may include the truck driver, the trucking company who employs the driver, or the medical examiner who qualified the driver for their license, or issued a medical exemption.

Contact Our Attorneys

The truck accident attorneys at Moody Law can help accident victims get financial compensation for the full extent of their losses. If you believe that a medical condition is the cause of your accident, send us a message at your earliest convenience, or call our Lakeland office at (863) 284-9090 to schedule a consultation.

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Moody Law office

Moody Law, P.A.

Moody Law provides sound legal advice and confident representation in an environment where injured clients feel heard. When clients choose us, they can expect a compassionate team that's ready to listen, guide them through the legal process, and help secure the best possible outcome for their case. Our attorneys are affiliated with organizations such as the:

  • Polk County Trial Lawyers Association
  • Florida Bar YLD Board of Governors
  • Lakeland Bar Association
  • Hillsborough County Bar Association

We invite you to reach out to our team using our online form or call us at (863) 733-9090.

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