Trucker fatigue is a common cause of truck accidents. To lessen the risk of crashes caused by fatigue, the Federal Motor Carrier Safety Administration (FMCSA) uses hours-of-service rules to regulate the maximum amount of time a trucker can operate a truck before taking a break. However, the FMCSA has become increasingly concerned about whether fatigue caused by sleep apnea is being properly addressed with hours-of-service rules.
The Sleep Apnea and Trucker Debate
It has been a matter of debate for many years whether truck drivers with sleep apnea pose a greater accident risk than truckers who do not suffer this sleeping disorder. Sleep apnea is a narrowing or a closure in the upper airway that causes sleep disturbance, thereby leading to inadequate sleep. Over the past several years, the FMCSA has considered imposing a new rule requiring truckers who have a body mass index that exceeds 30 to be screened for sleep apnea. A body mass index above this amount is an indicator of obesity.
Sleep Apnea Research
So far, the research has been inconclusive on whether sleep apnea is a contributing factor in truck wrecks. Some studies have shown that there is a relationship between sleep apnea and crashes, while a 1996 study conducted by the University of Pennsylvania concluded that the mere presence of sleep apnea was not a good predictor of the risk of crashes. These results contradict the outcomes of previous studies.
Sleep Apnea Conference
Although the results of studies have varied, the FMCSA considers sleep apnea among truckers an important health and safety issue that merits discussion. Along with the American Sleep Apnea Association, the FMCSA sponsored the Sleep Apnea and Trucking Conference that took place in May 2010. The conference focused on the danger of fatigue caused by sleep apnea and the need for regulation. Anne Ferro, the chief of the FMCSA, reported that three out of ten drivers suffer from sleep apnea, and that 13 percent of all truck wrecks are associated with fatigue. For now, however, the FMCSA will hold off on implementing a rule until additional scientific data become available.
Sleep Apnea and Litigation
Sleep apnea poses a potential host of legal problems for trucking companies. According to Clay Porter, an attorney at the conference, sleep apnea may play a role in fatigue-related truck accident litigation. Porter pointed out that since awareness has increased about sleep apnea, it may be possible to establish a trucking company’s liability if health reports compiled prior to the accident show that the driver might have been suffering from sleep apnea.
If you have sustained injuries in a truck wreck in the Houston, Texas area, contact a truck accident attorney at Denena & Points at 713-807-9500, or at 877-307-9500.