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Law Offices of Alvin F. de Levie
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(215) 696-3900
Law Offices of Alvin F. de Levie
TALK TO ALVIN TODAY FOR FREE
(215) 696-3900

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LAW BLOG

Truck Accidents and Sleep Apnea: When Fatigue Becomes Fatal

  • By Mike Bannan
  • 20 Sep, 2017

In one of the first widely reported fatal truck accidents of the New Year, a 41 year old driver in Wisconsin lost her life in a collision with a semi-truck. The truck driver walked away with no injuries. The authorities' investigation was still continuing at the time of publication. While we can only speculate as to the cause of the accident, it is common knowledge that many such accidents occur as a result of driver fatigue. What is not so well known is the increasing role sleep apnea plays in truck accidents.
What is Sleep Apnea?

Sleep Apnea is a medical condition which causes breathing to start and stop during sleep, often leading to chronic fatigue. There are three varieties of Sleep Apnea:

- Central Sleep Apnea: This form Apnea occurs when breathing is interrupted by a lack of effort.

- Obstructive Sleep Apnea: This form Apnea occurs when breathing is actually physically obstructed by a blockage in the airflow, such as when obesity causes the air passage to collapse slightly.

- Complex Sleep Apnea: This form is a mix of the Central and Obstructive varieties.

The Statistics

While there are several factors which contribute to Sleep Apnea, the most common is simply being an overweight or obese male. According to the Bureau of Labor Statistics, in 2012, 94% of truck drivers are male. Further, due to the long hours of sitting and the impracticality of eating healthy on the road, truck drivers have significant problems maintaining a healthy weight. A shocking 2007 study by the Journal of the American Dietetic Association found that approximately 86% of America's then 3.2 Million truck drivers were overweight or obese.

Unfortunately, the statistics attempting to show just how many truck drivers on the road have Sleep Apnea are somewhat unreliable, mostly due to underreporting. Recent studies, however, have put the number at approximately 28%.

According to the US Department of Transportation, approximately 4,000 people die each year from large truck crashes, and the leading factor in these crashes is driver fatigue, a common effect of Sleep Apnea.

The Law

While specific rules and regulations regarding Sleep Apnea are still being developed by the Federal Motor Carrier Safety Administration ("FMCSA"), the FMCSA does require that truck drivers be medically qualified before they receive certification to drive. Moderate to severe cases of Sleep Apnea, without treatment, can serve as a basis for denying a truck driver "medically qualified to drive" status.

Carriers who allow their drivers to be on the road while suffering from Sleep Apnea can and have been held liable for truck accidents caused by Sleep Apnea related driver fatigue. In one of the first lawsuits specifcaly blaming Sleep Apnea for a fatal crash was settled for $3 Million. Another recent case settled for over $40 Million when a truck driver with a history of Sleep Apnea dozed off at the wheel, tragically killing a driver in front of him and causing severe injuries to several others in his path.

If you or a family member has been a victim of a truck accident caused by driver fatigue, Sleep Apnea could have played a role. The complexities involved in holding the driver and carrier accountable require an experienced attorney. Alvin F. de Levie and team have decades of experience pursuing justice for truck accident victims.

Please contact the Law Offices of Alvin F. de Levie today at 844-777-2529 to discuss your case.


Alvin F. de Levie is a 1973, Phi Beta Kappa graduate of the Pennsylvania State University and a 1976 graduate of the Villanova University School of Law. He is an expert in Pennsylvania Law revolving around medical malpractice and personal injury. 


Mr. de Levie has consistently been voted by his peers to receive Martindale-Hubbell's "AV Preeminent" 5.0 out of 5.0 rating. An AV Preeminent rating is the highest possible rating in both legal ability and ethical standards. 


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