What to Do If You Suspect the Driver’s Medical Condition Caused Your Truck Wreck

Truck accidents can be caused by a variety of factors, some of which include a truck driver’s inattention to the road, falling asleep behind the wheel, or a medical emergency. Although drivers are required to undergo medical examination from a medical professional that is part of the Federal Motor Carrier Safety Administration’s (FMCSA) National Registry System before they can be authorized to drive a commercial motor vehicle (CMV), there are some who still slip through the cracks. These medically unfit drivers can cause serious accidents.

It is the responsibility of the driver, the medical examiner, and the trucking company to prevent those who are not medically fit from driving CMVs. If you suspect that the truck driver who was involved in your accident was not fit to operate their vehicle, it is crucial that you reach out to a qualified truck accident attorney. They can help you get the justice you deserve and fight to keep others safe from medically unqualified drivers.

What Steps Should My Attorney Take?

After a truck accident, it is important to contact a truck accident attorney as soon as possible. Immediacy makes it easier for your attorney to preserve evidence before it is removed from the scene or destroyed. By contacting an attorney that is board-certified in truck accident law, you can be certain that they have the proper knowledge and resources at their disposal to begin investigating your case right away.

These resources can include reconstructionists, mechanics, and private investigators that will gather evidence through every available avenue. They may download data from the truck’s electronic control module, use technology to reconstruct your accident, speak with witnesses, and collect video footage from nearby cameras. Each piece of evidence will help your attorney get a clear picture of how this accident occurred.

A board-certified attorney has also proved to the National Board of Trial Advocacy that they have thorough knowledge of truck accident law, meaning they will understand the nuances of medical qualification for truck drivers. To prove a driver was medically unfit to operate their truck, your attorney and their team should have the expertise to look through medical records and medical exam long forms and identify indicators of a potential medical issue that may have resulted in an accident.

They should also have the financial resources to hire a medical expert who is qualified to act as an expert witness for your case. Nationally Recognized Truck Accident Attorney David W. Craig recently spoke with Dr. David Fletcher on an episode of David’s podcast, After the Crash. A double board-certified physician in occupational and preventative medicine, Dr. Fletcher discussed his experiences working as a medical examiner and as an expert witness. Dr. Fletcher has assisted both plaintiff and defense attorneys evaluate and prove cases involving medical issues of truck drivers. His expertise has helped to prove that a driver’s medical condition was a factor in many truck accident cases.

Your attorney should look closely at all the steps of the medical examination process to determine if the truck driver, medical examiner, and/or the trucking company are liable for the accident. In order for the medical examination system to function as it should, drivers must be honest with their physicians, examiners must be thorough when conducting physicals, and companies need to look carefully through the driver’s long form to ensure the examiner did a proper examination.

Without the assistance of an attorney who is knowledgeable of truck accident law and has access to the resources needed to meticulously investigate your wreck, you may not see the full value of your case. Moreover, a medically unfit driver poses a danger to everyone on the roads. An experienced truck accident attorney can help prevent further accidents caused by drivers who are not in the proper condition to operate a CMV.

Injured After a Truck Accident? Craig, Kelley & Faultless Can Help

Attorneys at Craig, Kelley & Faultless are prepared and have the experience to help victims and their loved ones involved in commercial vehicle wrecks through every aspect of their case. Both attorneys David W. Craig and Scott A. Faultless are board-certified in truck accident law by the NBTA, accredited by the American Bar Association. The firm also has a rapid response team that works with investigators, reconstructionists and mechanics who immediately collect evidence as soon as the firm is hired. Additionally, two of the firm’s litigation paralegals are board-certified in truck accident law by the Academy of Truck Accident Attorneys. As David has said, “We don’t just handle truck accident cases. We specialize in these cases.”

Their team-centered approach puts client needs at the forefront, and several attorneys will work on your case to achieve the best possible outcome.

Reach out for a free case consultation today at (888) 253-5198 or online.

David W. Craig is board-certified by the National Board of Trial Advocacy, accredited by the American Bar Association in Truck Accident Law. He sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, both written to help people navigate what comes next after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow safety protocol regarding speed, weather conditions, maintenance upkeep, etc.