The Threat of Medically Unfit Truck Drivers

The latest news about the Federal Motor Carrier Safety Administration (FMCSA) is shocking – there are thousands of bus and truck drivers currently on American roads while at the same time accepting money for federal disability. You might be asking what a truck driver is doing driving a tractor trailer if he or she is supposed to be incapacitated, and you’re not the only one. Congressional inquiries are being made, and FMCSA officials are being called to the carpet to explain their lack of decisive action on this issue.

What’s especially disturbing is that this has been an issue for years and despite numerous government warnings truck and bus drivers with known health issues have caused hundreds of deaths and injuries because they have blacked out, collapsed, or suffered major health problems behind the wheel. In fact, the leading cause of fatal trucking accidents is truck driver impairment such as the driver falling asleep, having a heart attack or seizure, or some other physical ailment. It’s so bad that in every single state truckers have been caught violating federal medical rules, with Texas listed as one of the states with the most violators.

The Problem

Some of the issues highlighted by recent safety reports and congressional inquiries include:

• Fabrication of the medical certificates needed to operate commercial trucks in the United States is so easy that there is little incentive for drivers to obtain a legitimate document.
• There is no database or central repository which would allow inspectors to verify that a given medical certificate was legitimate.
• One of the unimplemented NTSB recommendations would have prevented doctor shopping, where truckers go to multiple doctors to find one who will give them a medical certificate even though they know they have a health issue that should preclude them from driving.
• It is estimated that there are hundreds of thousands of drivers currently carrying commercial licenses even though they also qualify for full federal disability payments.

What can be done?

In 2001 the FMCSA was directed to implement eight recommendations from the National Transportation Safety Board (NTSB). The FMCSA has been accused of dragging its feet on implementing these recommendations, to the detriment of the driving public:

• Ensure medical examiners are qualified and educated about occupational issues for commercial drivers.
• Establish tracking mechanisms so every prior application by a driver seeking medical certification is recorded and reviewed.
• Periodically update medical certification regulations so trained medical examiners will have clear guidance on which drivers with common medical conditions should be certified.
• Ensure medical examiners have access to resources if they have questions about certifying drivers.
• Prevent, identify or correct the inappropriate issuance of medical certification.
• Enable enforcement authorities to identify invalid medical certification during safety inspections and routine stops.
• Enable enforcement authorities to prevent an uncertified driver from driving until an appropriate medical examination takes place.
• Establish mechanisms for reporting medical conditions to appropriate authorities, such as a driver's health care provider and employer.

Truck drivers who are already following the rules argue that the government should enforce the rules it already has, not add to existing regulations. With transportation costs ever increasing, they say, further restrictions on drivers will only harm the economy – and their own paychecks. However the families of those who were seriously injured or killed by negligent drivers might disagree – can we really put a price on safety?

There is no excuse for negligent truck drivers to be on the road endangering the lives of the traveling public. Please contact Vujasinovic & Beckcom if you or someone you love is injured in a tractor trailer accident, and let us bring you justice and the compensation you deserve.

Vujasinovic & Beckcom P.L.L.C

1001 Texas Avenue, Suite 1020

Houston, TX 77002

Phone: 713.224.7800

Fax: 713.224.7801