Department of Transportation Pulls Sleep Apnea Trucking Rule

The US Department of Transportation has halted the implementation of its proposed obstructive sleep apnea screening rule for commercial drivers. If this rule had been implemented by the FMCSA, an agency within the Department of Transportation, then it may have helped identify and treat commercial drivers with the condition. Commercial truck drivers with untreated obstructive sleep apnea are a public safety risk because of symptoms caused by the condition. When left untreated, obstructive sleep apnea causes breathing interruptions during sleep. These interruptions can cause people with the condition to jolt awake multiple times per night. As a result, people with untreated sleep apnea may experience excessive daytime drowsiness, trouble concentrating, and slowed reaction times. For commercial truck drivers, this means they are more prone to falling asleep behind the wheel or failing to respond to potential hazards.

Other aspects of their job performance that do not involve driving may also be affected by these symptoms. The American Academy of Sleep Medicine estimates that 20 percent of commercial truck drivers suffer from obstructive sleep apnea. If the sleep apnea rule had been put into place, it may have identified these drivers by flagging certain at-risk health conditions. Drivers with these health conditions, such as diabetes or obesity, would have been required to attend an in-person sleep apnea assessment. After being identified, drivers with obstructive sleep apnea could have received continuous positive airway pressure devices to treat the condition. Instead of requiring at-risk commercial truck drivers to undergo screening, trucking companies and the Transportation Department's medical examiners will continue to decide whether to screen commercial drivers.

Trucking companies may decide that screening and treatment options are not worth the cost. Transportation Department medical examiners may also make mistakes and miss opportunities to test drivers with this condition. Unfortunately, this means that drivers could suffer from obstructive sleep apnea and not realize it until after they have caused an accident.

Can a Truck Accident Attorney Help if a Driver with Sleep Apnea injures me?

In some cases, trucking companies may knowingly allow drivers with dangerous health conditions to drive heavy trucks or vehicles. Trucking companies may enable these employees to drive despite risks to public safety. When drivers with these health conditions cause truck accidents, their employers may be held liable for any damages caused to survivors or their families. Drivers have driver qualification files (also called DQ files) that contain the results of the Transportation Department medical examination required to obtain a commercial driver’s license. The DQ file and other paperwork could be helpful evidence in establishing liability in a truck accident lawsuit. Injured? Contact the Texas truck accident attorneys at Mike Love & Associates, LLC, to determine whether you have legal options to pursue damages against a trucking company or other parties.

Why are Soccer Goals Dangerous for Kids?

After-school sports like football and lacrosse receive a lot of media attention because they can put young athletes at risk of suffering traumatic brain injuries. However, soccer is another sport that may cause catastrophic injuries and deaths. In some cases, unsecured soccer goals are the culprit. According to the Consumer Product Safety Commission (CPSC), an average of 200 children per year are injured by tip-over accidents involving unsecured soccer goals. Brain injuries, spinal cord injuries, broken bones, and organ damage are all possible outcomes caused by these accidents. The CPSC also claims that tip-over accidents involving soccer goals kill an average of one child per year. It is a common misconception that soccer goals are heavy objects that cannot easily fall over. However, the weight is concentrated at the top of soccer goals, so even a strong gust of wind can cause a tip-over. In fact, almost a dozen soccer goal tip-over accidents that have occurred since the 1970s were caused by wind. Other accidents were caused by roughhousing on the goals. Several other accidents occurred because people climbed on or tried to lift the goals. However, this does not necessarily mean these individuals are to blame for the accidents. It is unreasonable to assume that young athletes would have any understanding of why soccer goals can be dangerous. This is why adults should always supervise young athletes during practices, scrimmages, or games.

Are Soccer Goal Post Injuries Preventable?

The CPSC has published guidelines that can help prevent soccer goal tip-over accidents. According to the CPSC, soccer goals should always be anchored to the ground. This can be done by using stakes, sandbags, or other approved counterweights. In addition, the CPSC recommends only using soccer goals on level surfaces. If possible, soccer goals should be chained to nearby structures or fences. Finally, these goals should be disassembled for seasonal storage. Parents whose children were injured by soccer goal tip-over accidents may be able to file lawsuits for damages. School districts, summer camps, afterschool athletic programs, and goal manufacturers may be responsible for these accidents. If your child was injured during a tip-over accident, then it is essential to discuss legal options with an attorney. The catastrophic injuries caused by soccer goal accidents may require a lifetime of specialized medical care and other resources. For example, a person with a spinal cord injury may need rehabilitation services and home modifications. A personal injury lawsuit may help cover some of these expenses. Contact the Texas personal injury attorneys at Mike Love & Associates, LLC, to learn whether they have options to file a lawsuit.

When Are Amusement Parks Responsible for Injuries?

Amusement park injuries are commonplace in our country. In fact, the Consumer Product Safety Commission (CPSC) estimates that there were 30,000 amusement park injuries during 2016. Ride malfunctions cause some of these injuries. Several weeks ago, a ride malfunction at the Ohio State Fair caused one death and multiple injuries. According to investigators, a row of seats was ejected from the Fire Ball ride. Two individuals on the ride were tossed more than 20 feet before landing on concrete. Others were injured after being struck by pieces of equipment that were ejected. According to the ride’s manufacturer, excessive corrosion was the cause of the amusement park accident. Tragedies like the one that occurred in Ohio happen every year across the country. Last year at a water park in Kansas City, a 10-year-old boy was decapitated on a water slide. Months later, two young children and a teenager fell off a Ferris wheel in Tennessee. There have also been fatal accidents at Texas theme parks. In 2014, a woman died after falling from a rollercoaster at Six Flags in Arlington, Texas.

How Can Amusement Park Accidents Happen?

Amusement park accidents may be caused by:

• Amusement park ride operators. Ride operators are responsible for explaining instructions to park goers and ensuring they are safe. These are the folks who may strap you into a ride or explain safety instructions. If these individuals are not adequately trained or if they are ineffective at communicating, then you could be put in harm’s way.

• Poor maintenance practices. There is very little oversight in the amusement park industry. As a result, some amusement parks may have poor maintenance procedures. Rides can break down from wear and tear, which may pose a danger. For example, if the latches that keep you seated on a rollercoaster fail, you could be ejected from the ride.

• Defective equipment. Amusement park rides may contain design or manufacturing defects. For example, doors, lap bars, or harnesses may contain defects. In other cases, rides may be designed in a way that is dangerous to you or others.

• Poor signage. Theme parks have several restricted areas with safety hazards. For example, at a Six Flags park in 2008, a parkgoer was decapitated by a ride after walking into a restricted area to retrieve his hat. When theme parks fail to warn parkgoers of hazards, they can suffer injuries or wrongful death.

These are only a few examples of how theme park accidents may occur. If you or a loved one suffered harm during a theme park accident, then you may have options to recover damages from the parties who are responsible. Contact the Texas personal injury attorneys at Mike Love & Associates, LLC, and you can learn whether you have options to recover damages.

Should Distracted Driving Laws in Texas Be Decentralized?

Texas recently became the 47th state in the country to pass a statewide texting-and-driving ban. Before the passage of House Bill 62 (HB 62), also known as the Alex Brown Memorial Act, Texas law prohibited drivers under 18 from using wireless communication devices. In addition, drivers could not use mobile phones in school zones or if they possessed a learner’s permit that was less than six months old. HB 62 bans motorists from reading, writing, or sending electronic messages, regardless of their age or location. The law does not address making or receiving phone calls.

There are exceptions to texting under HB 62, such as reporting or responding to an emergency. Once the new law takes effect, first-time offenders could be fined up to $99 for texting and driving. Repeat offenders could be fined up to $200.When Governor Greg Abbott signed HB 62 into law at the end of the legislative session, he requested that cities and towns be banned from passing these ordinances. Instead, Senate Bill 15 would make the Alex Brown Memorial Act a uniform state law. Local ordinances would be rolled back. During the special legislative session, the Texas Senate signaled it would move ahead with the request. For many years, cities and towns across our state passed their own texting-and-driving ordinances.

As of 2016, 102 cities and towns had these ordinances. For example, in Nacogdoches, it is illegal to use any electronic messaging device while driving in city limits. In Conroe, you cannot text behind the wheel even if you are stopped on the side of the road. Austin, Texas, has an ordinance that bans the use of handheld electronic devices while operating a vehicle or a bicycle. However, you can use a hands-free device (Bluetooth or GPS) while driving or cycling in Austin. According to the Austin Police Department, this hands-free ordinance has led to a 17 percent reduction in fatal car accidents.

Are There Proponents and Opponents to Texas’ Distracted Driving Law?

Understandably, some opponents argue that centralizing distracted driving laws could lead to more deaths on Texas roads. Opponents say that municipal ordinances may be stricter than HB 62. Many of these opponents are law enforcement officials from across the state. There is some truth to this argument, as some cities and towns have hands-free ordinances.HB 62 does pass a statewide ban, meaning areas of Texas that did not have a ban on texting and driving will now have one. Before HB 62 passed, Lufkin did not have a distracted driving ordinance. Distracted driving is responsible for thousands of fatal car accidents per year in the United States. People who survive these accidents may suffer catastrophic injuries that can ruin not only their lives but the lives of their family members. Texting behind the wheel is an incredibly selfish act that puts other people at risk of being harmed. Injured in a car accident? Contact the Texas car accident lawyers at Mike Love & Associates, LLC. We are dedicated to making our community a safer place.

Do Rear Guards Prevent Truck Underride Accidents?

Truck accidents are a devastating force of destruction on roads across the country. However, truck underride accidents are particularly gruesome and much more likely to result in fatalities. An underride accident occurs when a vehicle is forced underneath the truck’s cabin. During these accidents, occupants in passenger vehicles can be decapitated and killed. This may be true even in cases where collisions occur at low speeds. Heavy truck trailers are required by law to use rear guards (also called underride guards) to prevent such accidents. These are metal barriers that hang beneath the trailer's rear.

According to a 2013 study by the Insurance Institute for Highway Safety (IIHS), strong underride guards can be effective in preventing vehicles from being forced under high-riding heavy-truck trailers. Unfortunately, many semi-truck trailers in the United States lack “strong” underride guards. Weak underride guards can fail to prevent fatalities. In addition, a vehicle hitting the side of an underride guard may still be demolished. According to the IIHS study, underride guards are much less effective at preventing fatalities when vehicles strike them from the right or left.

Motor-vehicle safety advocates and organizations, including the IIHS, have petitioned the National Highway Traffic Safety Administration (NHTSA) to strengthen underride guard standards. The federal standards regulating the strength of underride guards have not been updated since 1996. Semi-trucks in the United States also do not require side underride guards. In Europe and Japan, side underride guards are used to help prevent fatalities when vehicles slide underneath the side of trailers. There are many truck accidents in the US involving side underride crashes. For example, the Tesla vehicle that crashed last year while Autopilot was engaged slid beneath the side of a tractor-trailer. The vehicle’s occupant, a former Navy SEAL, died in the accident. This is only one example. NHTSA estimates that 200 side underride accidents occur in the US each year.

Can Negligence Cause an Underride Accident?

In some cases, trucking companies fail to maintain truck underride guards. These guards may also have defects that reduce their effectiveness in an accident. In such cases, injured vehicle occupants or their loved ones may be able to file a lawsuit against the manufacturer of the underride guard or the trucking company. Lawsuits can not only help prevent future instances of these companies using or releasing unsafe underride guards, but they can also help provide financial resources for costs associated with catastrophic injuries or wrongful death, and those injured in an accident with a commercial truck or 18-wheeler. Contact the Texas truck accident attorneys at Mike Love & Associates, LLC, to help you hold commercial carriers and auto parts manufacturers accountable for causing catastrophic injuries or wrongful death.