A truck driver who may not have been safe to drive due to his medical condition and medications killed two in a 2018 accident in Michigan. In April, a wrongful death lawsuit against his employer resulted in a $96 million verdict for the family.
Trucking Company Admits Liability, Then Complains About Damages Award
Jude Attianese and his son Zach were traveling to a funeral when an accident involving six vehicles in a highway construction zone ended their lives. Zach was a rising star in college baseball, a pitcher who planned on playing for Florida State University the following season, reports the Shadow League.
Ontario-based Challenger Motor Freight acknowledged responsibility for the accident. A Wayne County jury was tasked with determining a damages award for the plaintiffs. After it was announced, the trucking company’s attorney stated they would appeal the jury’s “highly excessive” decision.
The evidence against the driver and trucking company includes:
- The driver suffered from multiple health conditions, including Parkinson’s disease. He took three medications to treat it. All of them have warnings on their packaging stating it could cause users to fall asleep and those taking it shouldn’t operate heavy machinery
- The defendant’s safety director testified no one at the company ever looked into the fitness of any driver. Challenger Motor Freight at the time had about 900 to 1,000 employees in the US
The Michigan State Police report 14,803 truck accidents in 2018, causing 112 fatalities.
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When is a Truck Driver Too Disabled to Safely Drive?
A truck driver must be medically qualified to drive the vehicle safely, do pre and post-trip safety inspections, secure a truck’s load, and ensure it hasn’t shifted, according to the Federal Motor Carrier Safety Administration.
Drivers must pass an annual physical with a federal Department of Transportation-certified medical examiner and show they can safely do their job. The process relies on drivers reporting their health conditions. Some may be unwilling to be truthful if their impairments would result in being unable to drive a commercial truck, lose their job and source of income.
Can Someone With Parkinson’s Disease Safely Drive?
Parkinson’s disease is a movement disorder affecting one’s ability to perform common, daily activities. It’s chronic and progressive, so symptoms will get worse over time. It’s characterized by tremors, muscle stiffness, slow movements, sleep problems, depression, anxiety, and fatigue, according to the American Parkinson’s Disease Association. They estimate about a million Americans have the condition.
Parkinson’s most obvious symptoms can affect driving ability. Rigid movements, resting tremors, and difficulty maintaining a stable posture can make operating a vehicle safely difficult, according to the organization. But other disease effects may be more dangerous.
Non-motor challenges that can interfere with driving include:
- Decreased visual contrast sensitivity, which limits vision in low light
- Decreased visual-spatial skills, so the driver may not know where the vehicle is positioned on the road
- Reduced ability to know where their body is in space (like a foot on a gas or brake pedal)
- Difficulties with cognitive function impacting attention, memory, processing speed, and problem-solving
- Drowsiness that can occur in later condition stages and due to medication side effects
Someone driving a car or pickup with these problems can cause much damage, but that’s multiplied many times if they’re driving an 80,000-pound semi-truck.
Louisville Truck Accident Lawyers
If you’re involved in a truck accident, contact us immediately. After we’re retained, we can start an investigation and determine what caused the accident, why it happened, and who is responsible. Those facts are the foundation of an insurance claim or lawsuit that may compensate you for the harm you suffer.
We may find the driver was negligent in how they drove the truck and whether they were unsafe due to a health condition or side effects of their medication. A trucking company is responsible for the acts of their drivers when they’re on the job, acting within the scope of their duties.
Working with a truck accident attorney will mean you recover the full damages owed to you by the at-fault party’s insurance company. For a truck accident lawyer in Louisville, Kentucky, rely on the Fleck Firm. Our law firm has experience handling all kinds of truck accident cases. Contact us to set up a free consultation in Louisville, KY.
