The Federal Trucking Rules state: “The medical examiner must be aware of the rigorous physical, mental, and emotional demands placed on the driver of a commercial motor vehicle. In the interest of public safety, the medical examiner is required to certify that the driver does not have any physical, mental, or organic condition that might affect the driver’s ability to operate a commercial motor vehicle safely.” http://www.fmcsa.dot.gov/regulations/title49/section/391.43
Truckers often lie, misrepresent or omit important information on the questionnaire relied on by the medical examiner.
It is an all too common story. The medical examiner is not provided with the correct information to make a determination as to the trucker’s fitness to operate an 18 wheeler on a highway, throughway, road or street across the United States. The trucking company feels they have met their duty to the public when the trucker has provided a valid, on its face, medical card.
After a truck collision in which a medical condition caused a truck crash, the trucking company and their high powered insurance company’s insurance trucking crash defense attorneys will be figuratively yelling and screaming from the rooftop : “The trucking company acted reasonably because he had a medical card”. The insurance adjusters for the truck company for their part will deny negligence and deny liability and fault for the deadly or catastrophic motor vehicle wreck.
The best trucking accident lawyers in Rhode Island and Massachusetts (Mass.) will be high powered personal injury lawyers or Wrongful death attorneys who know better than taking the insurance company at face value!! The insurance company’s argument is often based on a false premise that the trucking certificate of fitness was valid in the first place. The best Rhode Island truck accident lawyers will prove that the trucking company knew or should have known that the driver had a medically disqualifying condition or knew or should have known that the driver mislead the medical examiner or omitted crucial information. Local RI inexperienced rear end car accident lawyers or Massachusetts motorcycle crash attorneys will be unqualified and underfunded to take on big insurance and their divisive, heavy-handed and underhanded tactics.
A top RI or MA truck crash or Providence / Boston wrongful death attorney will argue that the trucking company had a duty to obtain the records from the medical examiners. This is an even stronger argument if the trucking company had reason to believe that the trucker had a serious medical condition which could put pedestrians, motorcyclists, motorists, bus passengers, bicyclists and other at risk of injury or death.
Trucking companies often possess information concerning unfitness of their drivers such as obvious physical conditions or symptoms that are patently obvious, prior medical emergencies they are aware of or information that is disclosed to them in one form or another. Trucking companies will often ignore this information which tends to discredit the medical certificate of fitness of the trucker. The profit driven company will rationalize that it is not their responsibility to protect the public, but it is only their duty to make sure that they do the minimum to insure that all their truckers have satisfactorily passed the medical examination as required by federal law. Therefore, the fact that the trucker lied to the medical examiner will never see the light of day unless there is a serious crash and litigation and extensive discovery is commenced.