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Truck Wreck Justice 

You may have heard that sleep apnea can shorten your life, but you probably heard about it in the context of links to heart disease or high blood pressure — not 

highway crashes involving 80,000 pound trucks.

Unfortunately, the link between sleep apnea and truck wrecks is very real. Obstructive sleep apnea (OSA) is a known cause of fatigue, which in turn plays a role in between 13 and 31 percent of all trucking accidents, according to different estimates from the National Transportation Safety Board (NTSB) and the Department of Transportation (DOT) — both of which acknowledge that fatigue tends to defy tracking and often goes underreported since truck drivers are hesitant to admit that their own drowsiness played a part in a crash.

According to the American Academy of Sleep Medicine (AASM), OSA afflicts at least 25 million adults in the U.S., including more than 20 percent of commercial truck drivers, and it often leads to symptoms of fatigue and daytime sleepiness. The overall effect of widespread OSA and the accompanying fatigue has led the DOT to call OSA “a critical safety issue” for all sectors in the transportation industry.

Fortunately, reasonable reforms could cut down on the hazards of fatigued driving among truckers, according to groups like the AASM — but regulators need to act quickly.

RELATED: Truck Driver Fatigue and Employee Coercion: A Deadly Pairing

“Sensible, evidence-based management plans have great potential to improve the health of commercial motor vehicle drivers and train operators while reducing the devastating accidents that can result from untreated sleep apnea,” said AASM President Dr. Nathaniel Watson in a March interview with 

 magazine. “The comprehensive development and swift implementation of evidence-based sleep apnea policies is necessary to protect the well-being of transportation operators and maximize public safety.”

Examining why sleep apnea plagues the trucking industry in particular requires following a thread that leads back to the fundamental work conditions that define long-haul trucking: long, sedentary hours in the cab, high stress from tight deadlines, limited choices for healthy meals, and even fewer opportunities for exercise. Statistics regarding the health of long-haul truckers provide some idea of the long-term effects of such a lifestyle, and they paint a gloomy picture.

According to a 2014 study from the National Institute for Occupational Safety and Health (NIOSH), long-haul truck drivers in the U.S. had a 69 percent rate of obesity — twice as high as that of the general adult working population — and were also more likely to smoke cigarettes and exhibit other risk factors for chronic disease.

The link between excess weight and OSA is well-established: obesity is the most common cause of obstructive sleep apnea, and obese people are four times more likely to suffer from sleep apnea compared to a person of normal weight, according to the Mayo Clinic.

If obesity causes OSA, and OSA leads to drowsy driving, it stands to reason that obesity itself would be associated with an increased accident risk, and that’s exactly what some recent statistics show. In November of 2015, for example, a research team reported in the journal 

 that truck drivers with a BMI higher than 35 (“severely obese”) were 43 to 55 percent more likely to crash during their first two years on the road than drivers with a normal BMI.

The direct link between obesity and trucking accident risk makes it clear: the battle against fatigue-related trucking crashes isn’t just a fight against sleep apnea. It’s a reckoning for an industry whose workers’ ongoing health crisis has put in jeopardy their ability to safely drive massive commercial trucks.

DOT Aims New Regulations at Diagnosing and Treating OSA

In March, the DOT announced that it would hear public comments regarding the impacts of screening, evaluating, and treating commercial truck drivers and rail workers for obstructive sleep apnea. That announcement came after the NTSB last year urged the DOT to take action on sleep apnea screening by adding “require medical fitness for duty” on its Most Wanted List of transportation safety improvements for 2016.

The period for public comments closed on July 8, which means that screening and treatment requirements for sleep apnea in commercial truck drivers could begin to take effect in the coming months.

As with other recent efforts in trucking safety reform, though, a number of trucking companies and lobbying groups have argued against the new rules — which prominent sleep experts and trucking safety advocates support — on the grounds that current data regarding the links between OSA, fatigue, and large truck crashes aren’t strong enough to drive policy decisions.

“There is insufficient data linking OSA and higher crash rates,” Norita Taylor, spokeswoman for the Owner-Operator Independent Drivers Association (OOIDA), told FoxNews.com in an email. “OSA testing can also be quite costly to drivers, both in terms of dollars and time, and if required by a Certified Medical Examiner, is rarely covered by standard medical insurance.”

Dr. Watson of the AASM, though, pointed out in comments to FoxNews.com that sleep apnea is associated with drowsiness and fatigue as well as cardiovascular disease, diabetes, and high blood pressure — all of which come with costs in terms of trucker health and public safety. He pointed to a recent report by a market research firm indicating that diagnosing an individual with sleep apnea can save thousands of dollars in economic costs versus leaving the condition undiagnosed and untreated.

“The disease is costing people money whether they treat it or not,” Watson said. “They can pay more, and be dangerous and have a lower quality of life, or they can pay less, and be safer on the roadways and have a higher quality of life in the long run.”

Contact the Truck Wreck Justice Team if You’ve Been Injured

If you or a loved one has been injured in a crash involving a large truck or bus, please contact the Truck Wreck Justice team at Truck Wreck Justice today to schedule a free consultation. To do so, either 

During your consultation, we can discuss the incident in question and determine your legal options. Statutes of limitations do apply to truck wreck cases, so please don’t wait to get in touch with us.

Carstensen, M. (2016, June 16). Feds inching toward implementing possible sleep apnea screening for truckers. 

http://www.foxnews.com/health/2016/06/16/fed-inching-toward-implementing-possible-sleep-apnea-screening-for-truckers.html

Diseases and conditions: Sleep apnea. (2015, August 25). 

http://www.mayoclinic.org/diseases-conditions/sleep-apnea/basics/risk-factors/con-20020286

Jones, K. (2016, March 9). FMCSA takes “first step” to sleep apnea rule. 

http://fleetowner.com/regulations/fmcsa-takes-first-step-sleep-apnea-rule?page=2

Mouawad, J., & Harris, E. A. (2014, June 16). Truckers resist rules on sleep, despite risks of drowsy driving. 

http://www.nytimes.com/2014/06/17/business/truckers-resist-rules-on-sleep-despite-risks-of-drowsy-driving.html?_r=0

National Institute for Occupational Safety and Health. (January 16, 2014). New NIOSH study sheds light on long-haul truck driver health [press release]. 

Centers for Disease Control and Prevention

http://www.cdc.gov/niosh/updates/upd-01-16-14.html

Sleep Apnea: A Deadly Cause of Trucking Fatigue

and does not guarantee the accuracy of any information in this article

In February of 2012, the Federal Motor Carrier Safety Administration placed into effect the 

, and parking has been a nightmare for truckers across the country ever since. The Final Rule, also known as the 

, limits truck drivers to working a maximum of 14 hours and driving 11 hours before taking a mandatory 10-hour break within a 24-hour period.

While the law does ensure truckers are getting adequate sleep, it has cost many truckers a lot of time, money, and sanity. With trucks required to break for 10 hours each day, it’s a daily race for truck drivers to reach the available parking spots first. A survey of truckers along Interstate 5 revealed that 

70% reported to have tried to take a break at a truck stop

 along the route, but found the stop to be completely full. More than half of those truckers said that similar incidents occurred at least every other day. Another study found that there were 

300 truck parking spots on a stretch of I-40

 through Arizona and New Mexico for more than 10,000 trucks that passed through the stretch on a daily basis.

The problem lies in the fact that there are more trucks on the road than available parking spots. In 2015, there were 

 out on the road, and that number is expected to steadily increase to 3.98 million by 2026. Moreover, there are many states like Virginia that prohibit overnight rest area stops, making finding a place to stop all the more impossible.

Thanks to the Hours of Service of Drivers Final Rule, when truckers can’t find a parking spot their lives are placed in jeopardy. When a truck driver cannot legally drive any longer after 11 hours of driving and there’s no place to stop, truckers are left to resort to parking at abandoned gas stations, freeway ramps, and industrial parking lots. Many of these locations prove to be very unsafe at night, leaving truckers in a potentially dangerous situation.

 was robbed and murdered while resting for the night at an abandoned gas station. More recently, in June of 2014, 

 was shot and his rig was burned beyond recognition after having to resort to parking overnight at an abandoned factory in Detroit. Action clearly needed to be taken to alleviate this troubling problem, and thanks to the Truck Parking Leadership Initiative, a solution has finally arrived.

The Truck Parking Leadership Initiative — comprised of the American Transportation Research Institute, the American Trucking Association, and the National Association of Truck Stop Operators Foundation — has recently announced they’re releasing a desperately-needed app called Park My Truck to tackle the parking problems the industry is currently facing. Park My Truck will allow truckers to log in and view available parking spots close to their targeted geolocation.

Park My Truck will aid truckers in finding spots they may not have even known were available to them. The Truck Parking Leadership Initiative is also reaching out to parking providers in an effort to create additional parking spots for truckers. If you have parking spots available for commercial trucks, you’re encouraged to contact NATSO at (703)549-2100 or 

 to have your parking spaces reported on the app. This is a huge step forward for the commercial trucking industry. Safe parking for truckers is now just an app download away.

did not create any of the content or links

does not guarantee the accuracy of any information

GUEST POST: Safe Parking for Truckers Is Just a Mobile App Away

Just how common are commercial trucking accidents? Truck Wreck Justice Attorney Morgan Adams of Truck Wreck Justice answers that question in this video.

About 4,000 fatalities and 150,000 serious injuries occur every year as a result of large truck wrecks, according to Morgan Adams. These crashes are especially dangerous and destructive, he says, due to the large difference in size between a tractor-trailer and a typical passenger vehicle.

How Common Are Commercial Trucking Accidents?

Caring for a truck accident victim can be a daunting process. Compared to a crash involving typical passenger vehicles, a wreck that involves a large commercial truck causes much more damage and frequently leaves victims with debilitating conditions like 

, paralysis, severe burns, and/or traumatic brain injuries (TBIs).

If your loved one has recently been injured in a trucking crash, you may be feeling shocked, overwhelmed, angry, or even in denial. You should know that there are no “wrong” emotional reactions to a traumatic event like this: Everyone processes grief differently and has to undertake their own journey toward accepting the new post-crash reality.

During this time, medical and counseling professionals can play an invaluable role in helping you through the difficult process of adjustment, and there are also support groups in many areas to help you connect with a network of people who understand what you’re going through.

As you receive the important emotional support that can help you through this difficult time, however, you should also make an effort to learn about your loved one’s condition and some of the consequences that may arise from their injuries.

Recovering from extensive injuries after a trucking accident can be a lifelong process, and some symptoms and disabilities may come and go while others may be permanent. In the aftermath of the crash, it’s important to set realistic expectations regarding the long road ahead for your loved one and their family members, including yourself.

RELATED: How to Deal With Medical Bills After a Trucking Accident

Here are some of the things you can expect if you act as a caregiver for the injured person:

 The regimen of care for your loved one can seem overwhelming at first. Your loved one’s care requirements will vary depending on the exact nature of their injuries, and their primary care physician and specialists should talk with you regarding their ongoing needs. In general, though, you may need to prepare yourself for:

Transporting them to and from medical appointments.

Providing daily personal care, including dressing, bathing, and meal preparation.

Acting as an overall coordinator for their care.

These added responsibilities may create stress and seem like too much to bear at times, but there are a number of support groups and online resources for caregivers that may help. These resources are usually tailored to the type of injury the person is experiencing, so searching for resources related to your loved one’s specific injury is often the best way of finding them.

 People who have experienced a traumatic and life-changing injury often experience depression, so it’s important to monitor your loved one and inform a physician or mental health professional if they display any of the following depression symptoms:

Fluctuations in weight or changes in appetite.

Loss of interest in activities or things around them.

Persistent negative thoughts or feelings of hopelessness.

Talk of suicide or a fixation with death.

Caregivers can do a number of things to fight the onset of depression. For example, try to maintain active conversations about friends and family, activities, plans, interests, and hobbies so that the person doesn’t feel cut off from the world around them, and encourage visitors to do the same. It’s also important to discuss your feelings and reactions candidly with your loved one rather than trying to hide them, which may make them feel worried and anxious — even if you do it out of concern for their emotional well-being.

Why You Should Contact a Trucking Attorney Right Away

Although legal representation may not be the first thing on your mind during a time of grief, you should consider speaking with an experienced trucking attorney as soon as possible if your loved one has been injured in a large truck or bus crash. It’s important to act quickly and contact an attorney after any vehicle wreck for a number of reasons:

While you understandably may not want to focus on monetary compensation for your loved one’s injuries right away, the economic hardship created by their condition will begin to set in before long. Between the loss of the victim’s wages and the expensive medical bills associated with a debilitating injury, a vehicle crash can create an enormous financial burden on a grieving family. An attorney can help you file a personal injury claim that could lead to compensation for lost wages, medical costs, and the pain and suffering associated with your loved one’s accident.

An attorney can launch their own investigation of the circumstances surrounding an accident, and the sooner they can do it, the better. As time passes, evidence can be lost or even covered up and witnesses become harder to track down.

A statute of limitations always exists for personal injury claims, and you won’t be able to file a lawsuit once this period of time expires. The statute of limitations varies by state, but it’s usually between one and three years from the date of the crash.

In addition, trucking cases are more challenging than typical motor vehicle accident cases due to the devastating nature of large truck crashes, which often involve several vehicles and have a variety of causes, and due to the complex federal regulations that govern commercial trucks: the Federal Motor Carrier Safety Administration (FMCSA) regulations.

A trucking accident claim can also involve negligence on the part of several different entities, such as the trucking company, the driver they employed, and parts manufacturers, which makes the claim and related settlement negotiations and litigation more complicated. All of these factors make it even more important to consider an attorney who has a track record of success in handling truck wreck cases to represent you and your loved one.

Contact the Truck Wreck Justice Team Today

If you or a loved one has been injured in a crash involving a large truck or bus, you are not alone. The Truck Wreck Justice team at Truck Wreck Justice has years of experience representing the victims of devastating truck wrecks as well as their loved ones. As a trucking attorney with a practice solely focused on large vehicle cases, Morgan Adam will fight to demand justice for your family and guide you with compassion through the complex issues that surround a trucking accident.

Please contact Truck Wreck Justice at (866) 580-HURT (4878) or fill out our 

 to schedule your free initial consultation today. We handle cases on a contingent fee basis, which means that you won’t pay for fees or case expenses unless we make a recovery on your behalf. We are ready to start investigating your claim and advocating for you right away.

Bradley, J. (n.d.). Caring for the paralyzed. 

https://caregiver.com/articles/caring_for_the_paralyzed/

Disability.gov’s guide for family caregivers. (n.d.). 

https://www.disability.gov/resource/disability-govs-guide-family-caregivers/

Caring for Trucking Accident Victims: What You Should Know

Truck Wreck Justice is the online home of Truck Wreck Justice, a personal injury law firm with a primary focus on large truck litigation.

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