A top trucking accident litigation attorney will not cut corners as far as truck crash litigation discovery is concerned. The best Rhode Island and Massachusetts tractor trailer accident attorneys (truck accident lawyers), when applicable, will obtain not only the truckers medical examiners records but will also get the semi-truck operators medical records. Part 1 of 3, see part 2 of 3
Trucker medical condition
The best RI truck accident lawyers and MA wrongful death attorneys will delve in great depth to establish the negligence of the trucker, trucking company and those responsible for your injuries or death of a loved one. In cases in which the medical condition of the trucker is relevant, than obtaining the actual medical records of the negligent or reckless tortfeasor trucker may be crucial. Local truck accident lawyer may lack the resources and get in over his head
This may be the only way to establish whether the long haul truck driver who caused a trucking wreck was actually medically fit to operate a big rig on State and Federal highways and roads. Lazy and incompetent RI truck wreck lawyers will simply obtain the truckers medical certificate and go no further in investigating. Some of these local RI wrongful death lawyers do not understand the complexities of trucking federal rules and regulations that depend on truckers self reporting their medical conditions.
Federal Trucking law regulations
Pursuant to Federal Trucking law regulations, a trucker cannot operate a semi unless he is qualified to drive a semi, 18 wheeler or tractor trailer. This means that a truck driver must get an exam by a “licensed medical examiner”. The Federal Motor Carrier Safety Administration (FMCSA) implemented federal rules concerning physical qualifications of truckers and more specifically, rule 391.41. § 391.41: Physical qualifications for drivers. (a)(1)(i) A person subject to this part must not operate a commercial motor vehicle unless he or she is medically certified as physically qualified to do so, and, except as provided in paragraph (a)(2) of this section, when on-duty has on his or her person the original, or a copy, of a current medical examiner’s certificate that he or she is physically qualified to drive a commercial motor vehicle. Read the Medical Examiners handbook
Lies and misrepresentation
Tractor trailer and 18 wheeler truckers often misrepresent and lie to the medical examiner concerning their medical conditions and medical history. Since truckers need the employment and income to support their families, they will misrepresent, omit crucial information or diagnosis and outright lie to the medical examiner regarding their medical history, medications and fitness to operate a tractor trailer. Federal regulations do not require that the medical examiner independently verify the veracity of the self reported information by reviewing the actual medical records. This is a huge loophole in the regulations allowing dangerous truckers to be on the roads.
Sadly, this loophole allows medically unsafe drivers to operate on Massachusetts (MA) and Rhode Island and Providence Plantations highways often causing car, motorcycle , bicycle, automobile, van and motor vehicle crashes and collisions. Medically dangerous and unsafe truckers operating 18 wheelers and Big Rigs across American, MA and RI Highways puts the public directly in harms way. These medically unsafe tractor trailer truck drivers could cause a truck accident causing serious injury or even death.
Trucking companies feign ignorance
In what some would consider “willful ignorance” the trucking company despite, in some case obvious indications to the contrary, rely on the medical examiners medical certificate and allow the unsafe and dangerous trucker on the road. Rhode Island personal injury lawyers and Massachusetts car crash attorneys who are experienced truck accident litigators and top Rhode Island wrongful death attorneys will explore whether the trucking company was reasonable in relying upon the medical certificate.
See Part 2 of 2.