Holmes & Wiseley, P.C.

Oct 20, 2020

On Behalf of Holmes & Wiseley, P.C.

There are a lot of federal regulations in place meant to keep you safe from negligent truckers. Yet, all too often these truckers operate their rigs in ways that put you and others in danger. In many of these cases, truck accidents result that leave unsuspecting victims with serious, sometimes even catastrophic injuries. If you or a loved one is in this position now trying to find a way to cope and move forward, then you need to consider your legal options when it comes to proving negligence. Only then do you stand a chance of recovering compensation for the damages that have been thrust upon you.

Untreated medical conditions as evidence

While you might be able to show negligence just based on the facts of the accident, such as when a trucker runs a red light and hits someone, there are other circumstances where it might be helpful to understand underlying factors that may have contributed to the accident in question. This may be especially true if a trucker’s medical condition could have affected his or her ability to operate his or her truck safely.

Under federal regulations, a trucker can’t operate a rig if he or she suffers from a condition that affects his or her ability to safely operate that vehicle. Therefore, if you can show that a trucker suffered from one of these conditions and failed to properly treat it, then you might be able to increase your chances of recovering compensation from both a trucker and his or her employer.

Sleep apnea as an example

To see just how dangerous these untreated medical conditions can be, you just need to look at sleep apnea. This medical condition causes breathing disruptions during sleep, forcing an individual to wake up frequently during the night. In fact, a sleep apnea sufferer can be jolted awake as many as 400 times a night. When a trucker fails to treat this condition, then he or she is likely to take to the road in a state of extreme fatigue.

Proving your case

The damages stemming from a truck accident case can be significant. That’s why you need to do everything you can to prove your case, leaving nothing to chance. This is especially important when your case is facing a jury trial. If you wan to maximize your chances of succeeding on your claim, then it might be time to sit down with an attorney with a track record of success.