Getting a good night’s sleep is crucial for being able to drive safely, particularly if you’re driving a commercial truck.
Unfortunately, some commercial truck drivers have sleep apnea, which makes getting a good night’s sleep much harder and increases the likelihood of fatigue-related accidents.
Worse still, establishing that a truck driver with sleep apnea caused the crash is challenging, as proving the truck driver’s condition and linking it to the collision requires skilled legal representation.
That’s where the legal team at Rizk Law comes in. We’re here to help you build a strong truck accident claim and demand compensation for your losses. Contact us today to learn more.
What Is Sleep Apnea?
Sleep apnea is a sleep disorder that causes repeated breathing pauses while sleeping.
These disruptions prevent normal oxygen flow and often break a person’s sleep cycle. In many cases, the airway collapses or narrows during sleep, blocking proper airflow. For other patients, the brain fails to send steady signals that control breathing.
Common signs and symptoms of sleep apnea include:
- Loud, chronic snoring during most nights
- Breathing pauses, gasping, or choking during sleep
- Excessive daytime sleepiness, even after a full night in bed
- Morning headaches that fade as the day goes on
- Trouble focusing, slower thinking, or memory problems
- Irritability or mood changes
How Sleep Apnea Contributes to Portland Truck Accidents
Driving a commercial truck requires intense concentration and sharp hand-eye coordination – and sleep apnea impairs both.
A truck driver with sleep apnea is more likely to doze off or lose concentration while driving, make judgment errors that can cause a crash, or react angrily to changing road or traffic conditions.
Sleep Apnea Regulations for Truck Drivers in Oregon
State and federal truck regulations don’t specifically address sleep apnea.
However, regulators are well aware of the dangers of driving with sleep apnea, and some rules indirectly address situations where a truck driver has a sleep disorder.
Medical Clearance
Federal law requires drivers to see a doctor and obtain medical clearance before they can legally drive a truck.
A driver with sleep apnea might not receive clearance to operate a truck if it impairs their ability to drive. Even if they do receive medical clearance, they might have to follow a treatment plan to keep them safe on the road.
Truck drivers who drive without proper clearance or lie about their diagnosis to pass a medical exam are breaking the law.
Hours of Service
Hours of Service regulations dictate how much time commercial drivers can spend behind the wheel in a given day or week.
These laws require breaks and driving limits to ensure that drivers get enough rest before operating a large truck.
It’s particularly crucial for truckers with sleep apnea to follow Hours of Service rules to prevent symptoms while driving. However, truck drivers sometimes break these rules due to pressure from their employers or their own desire to make deliveries more quickly.
Determining Liability in a Truck Accident Caused by Sleep Apnea
To win a sleep apnea truck accident claim, you must prove that the truck driver or someone else caused the crash through their careless or dangerous actions.
The truck driver could be liable for your injuries if they had sleep apnea and their condition affected their ability to handle the truck.
Your lawyer can examine the crash scene, the truck’s black box data, the truck driver’s medical records, and other evidence to prove the truck driver’s condition and how it might have caused the collision.
The truck driver might not be the only at-fault party, however. For instance, their employer might be liable if they didn’t make sure the truck driver had proper medical clearance to handle a commercial truck.
Your truck accident attorney can perform a thorough investigation to identify everyone responsible for your injuries and seek maximum compensation.
Compensation for Victims of Drowsy Driving Truck Accidents
You have one chance to recover compensation for a crash involving a truck driver with sleep apnea. Our lawyers can make sure your compensation demand covers all the harm you’ve suffered, including:
- Current and future medical expenses related to the collision
- Lost income while you heal from the accident
- Reduced future earnings due to a long-term injury or disability
- Physical and emotional pain and suffering
- Loss of quality of life
- Damaged personal property, including the cost to repair or replace your car
How a Portland Truck Accident Lawyer from Rizk Law Can Help
As Portland truck accident lawyers, it’s our job to handle all the legal work in your case and make this difficult time as easy as possible for you. We do this by:
- Investigating the accident to identify how it happened and who caused it
- Securing critical evidence proving the truck driver’s sleep apnea diagnosis and linking it to the crash
- Determining whether the driver, the trucking company, or any other involved parties violated safety regulations
- Calculating your medical expenses, lost income, pain and suffering, and other losses to maximize your claim’s value
- Communicating with the insurance companies and negotiating for a fair settlement
- Preparing your case for court and, if necessary, presenting arguments and evidence to the judge or jury during a trial
Contact Our Portland Truck Accident Attorneys Today
Proving that a truck driver caused a crash due to their sleep apnea is challenging, but Rizk Law has the experience and resources to prepare a compelling case on your behalf.
We have represented injured Oregon residents for over 20 years and won millions of dollars for our clients, including $900,000 for a driver who a commercial truck T-boned.*
Our commitment to customer service has earned rave reviews from our clients, such as this recent testimonial:
“Jaqueline and the team did an awesome job with my insurance claim after a pretty bad car wreck. They were very knowledgeable and took care of everything from start to finish. They maximized my settlement and Took all of the stress and worry off me and were very very thorough. I Will definitely refer any of my friends and family that need any help like this in the future. Thank you again.”
– TheWesthammatt
The longer you wait to talk to a truck accident lawyer about the case, the harder it may be to secure fair compensation for your injuries. Call Rizk Law now or complete our contact form for a free consultation.
*Each case is unique, and past results do not guarantee future outcomes.
