Missouri Truck Accident Blog

Medical Conditions and Punitive Damages

Our firm has recently seen a significant increase in Missouri truck accident cases that have been caused, at least in part, by the medical conditions of truck drivers. In addition to medical conditions, prescription medications are often involved in a significant number of truck accident cases.

The court in Garrett v. Albright, Jr., denied defendant’s motion for summary judgment on the issue of punitive damages because the plaintiff set forth substantial evidence that supported Plaintiff’s theory that the defendant driver should not have been hired to drive tractor trailer units because of his negative medical history. Garrett v. Albright, Jr., 2008 WL 795613, *2 (W.D.Mo.2008). In Garrett, the Plaintiff uncovered evidence the truck driver had a heart attack and a stroke prior to being hired by the defendant trucking company. In addition, the truck driver admitted to taking Valium, the use of which is prohibited by the Federal Motor Carrier Safety Regulations, unless a medically licensed practitioner advises the driver that the medication will not adversely affect their ability to safely operate a commercial motor vehicle. See FMCSR 391.41.

A truck driver has the responsibility to tell the truck company he drives for about all the medications the driver is taking. Once the driver tells the truck company about the medications, the trucking company is required to check with the driver’s physician to inquire whether it is okay for the truck driver to operate a tractor trailer or other commercial vehicle. In sum, it is crucial for truck companies to follow up on potentially disqualifying medications or medical history of its drivers.

Additionally, in Coon v. Am. Compressed Steel, Inc., the court held punitive damages are permissible where a trucking company did not follow industry standards and the Federal Motor Carriers Safety Regulations, which subsequently resulted in an injury to plaintiff. Coon v. Am. Compressed Steel, Inc., 207 S.W.3d 629, 638 (Mo.Ct.App.2006). In Coon, the plaintiffs brought a truck accident wrongful death action against the truck company that employed the driver of a truck that improperly secured a load of steel which resulted in a steel plate falling from the tractor trailer, causing injury to the deceased relative of plaintiffs.

Expert testimony is often used to prove the trucking company and its employee truck driver violated trucking regulations. It is common to find violations in regard to safety training, driver training, supervision, and inadequate safety policies.

The Missouri Supreme Court, in Lopez v. Three Rivers Elec. Coop., found that a factor to consider when submitting a jury instruction on punitive damages was whether a knowing violation of the statute, regulation, or industry standard, was designed to prevent the type of injury suffered.

In sum, in Missouri, if a party can establish that a trucking company failed to follow Federal Motor Carrier Safety Regulations, which results in an injury, punitive damages are permissible. Additionally, the Court will consider whether the regulation violated was designed to prevent the type of injury that Plaintiff suffered.

If you or a family member has been involved in a Missouri truck accident, it is important to have an experienced truck accident attorney on your side. A truck accident attorney in St. Louis will help get you the compensation you are entitled to for medical bills, lost time from work, constant pain, and other special damages. The injury attorneys at Page Cagle can be reached any time of day or night at 1.800.500.4658. You can also visit them on the web at www.injuredclient.com.