New York, NY- Driver error, like speeding or driving while fatigued, or mechanical failure are the two most common causes of truck accidents. But there other less know causes that have equally as deadly consequences. One of those lesser known causes medical events. Here USAttorneys’ team of truck accident lawyers in New York will discuss medical event and how you can recover compensation if you were injured or a loved one was killed.
Medical conditions, such as heart disease and diabetes, are common among truck drivers and the American population as a whole. That is due in part to the average age of commercial drivers in the U.S., which is 55 according to the Bloomberg Business, along with the high rate of obesity among commercial drivers. A 2013 study conducted by the Federal Motor Carrier Safety Administration found that obesity rate among truck drivers twice as high–69 percent– as workers in other occupations. (The obesity rate among other workers is 31 percent.) It is common knowledge that obesity is the root cause of numerous medical conditions including the two mentioned above. Making matters worse is the fact that 38 percent of truck drivers don’t have health insurance, so many of their medical conditions go untreated.
Because of the obesity rate among truck drivers, there is also a high a rate of hypertension—26 percent—and high cholesterol—22 percent. At least half of surveyed truck drivers smoke and 17 percent are morbidly obese. While many truck drivers are risk of experiencing a medical event, 80 percent said they were in good health.
It may seem far-fetched, but there are plenty of occasions in which a medical event leads to a tragic accident on the road. It may be less common than driver error or a mechanical failure but it is a possibility. New York victims who are injured in a truck accident caused by a medical event in need to know what recovering compensation entails.
In cases where a medical emergency is unanticipated, a truck driver might be able to avoid liability by asserting the “Sudden Medical Emergency” doctrine. The premise being that a medical event is an “act of god” and it not have been anticipated or controlled and therefore a driver is not negligent for an accident.
Asserting a “sudden medical emergency defense” doesn’t forbid a victim from pursing a truck accident settlement, but it does make a case more challenging. This is why you are encouraged to contact a truck accident attorney to assist you with your claim and increase your chances of getting a fair settlement.
No matter the cause of your truck accident, USAttorneys recommends you get the advice of lawyer who has a mastery of a New York’s personal injury laws and knows the true value of your claims. If you live in New York, we recommend you contact the office of Antin, Ehrlich & Epstein, LLP, Attorneys at Law, to discuss your case and decide the best means to resolve your case. Their highly-qualified truck accident lawyers have won millions in personal injury settlements for the clients they represent. You can visit their website and see details of their many successful cases