Semi-truck collisions can result in devastating consequences. The size of a semi-truck makes it capable of causing catastrophic damage even at low speeds. Drivers concerned about commercial collisions may want to monitor their surroundings carefully and leave plenty of space when there is a semi-truck nearby.
Frequently, commercial crashes involving 18-wheelers and other commercial trucks occur due to driver error. However, the Federal Motor Carrier Safety Administration (FMCSA) recognizes that roughly 12% of crashes where the truck is the vehicle at fault occur due to driver non-performance.
Non-performance means that a driver is incapable of controlling the vehicle, and their loss of control is why the crash occurs. Medical issues are one of the top causes of non-performance. Drivers may have allergic reactions, cardiac events or embolisms that render them unconscious or incapable of controlling the vehicle. Who is responsible for a crash if a medical emergency is its underlying cause?
The driver or their employer may be liable
The FMCSA understands that health issues can compromise a commercial driver’s performance. There are rules mandating that professionals with commercial driver’s licenses (CDLs) undergo routine medical examinations to ensure they are healthy enough to safely drive.
Even when professionals pass those exams, they could have medical issues that flare up without warning. If a driver has a medical emergency while on the job and it results in a crash, then they may be technically at fault.
If the driver is self-employed, they likely have commercial insurance that can compensate the people involved in the wreck. If the driver is a direct-hire employee, then the transportation company that they work for is likely liable. Again, there should be a commercial insurance policy in place that can compensate the people affected by the collision.
Proof of intentional misconduct or overt negligence is not always necessary to hold a driver or their employer accountable after a wreck. The driver or the transportation company that employs them may have to absorb the expenses generated in a crash caused by medical issues that cause non-performance as well.
Reviewing a collision report, including any secondary medical documentation related to a driver’s emergency, with a skilled legal team can help those involved in commercial truck crashes more effectively understand their options for requesting compensation. Appropriate support from a lawyer can make it easier for people to understand their rights, negotiate with insurance providers and recover their losses after a commercial truck crash.