Reich & Binstock
Free Initial Consultation
Toll Free: 877-643-3099
Local: 713-352-7883
877-643-3099 713-352-7883

Duty of care includes personal health care for commercial drivers

"Don't Tread on Me" is a U.S. motto that has come down through the country's history. You've probably seen it emblazoned on a yellow flag below a coiled rattlesnake.

An online check of its history reveals that when it was created back in the Revolutionary War era, it was meant to be a declaration of national unity. When displayed these days, it's generally understood as a statement against a government that is too intrusive in the personal lives of individuals.

While that sentiment is certainly one that anyone in Texas has a right to declare, it can't be denied that there are instances when seemingly intrusive government rules are necessary for the sake of the general welfare.

That's one reason commercial vehicle drivers, whether they sit at the wheel of a big rig, a motor coach, a bus or the controls of a train have to clear higher hurdles than other drivers to get their special licenses. These individuals are understood to have a special duty of care to the people they transport and to other drivers on the road.

By extension, duty of care means commercial vehicle operators have a responsibility to be honest about their own health. If they have a known medical condition that could incapacitate them and result in a tragic accident, and keep it a secret, that could arguably amount to negligence worth of regulatory action.

And that is just what happened recently in Georgia. The Federal Motor Carrier Safety Administration declared a trucker an imminent threat to public safety after he suffered a health issue that resulted in a crash. Though being declared physically unfit to drive, he hid that fact and continued to drive for several more months before being banned from hauling.

Victims of accidents in which a commercial driver's disregard for others can be blamed have a right to seek compensation. But many layers of liability may exist and that can present extraordinary legal challenges. For effective representation, it's always best to consult experienced legal counsel.

No Comments

Leave a comment
Comment Information
Contact Us

Contact Us For Legal Advice

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

4265 San Felipe
Suite 1000
Houston, TX 77027

Toll Free: 877-643-3099
Phone: 713-352-7883
Fax: 713-623-8724
Map & Directions