The Texas Commercial Driver's License (CDL) program administers over 52,000 exams every year. With the massive truck driver licensing, the CDL program aims to reduce truck accidents through various enforcement initiatives. However, truck crashes are still shockingly prevalent, and some are reportedly caused by drivers with bad backs. So, can you be a truck driver with a bad back in El Paso, Texas? Being a truck driver with a bad back is possible, but it depends on the severity of your condition and your ability to meet certain physical requirements. If your bad back causes an accident, you may face legal consequences due to negligence. However, at Cesar Ornelas Injury Law, we will offer you the legal assistance you require in such events. You need to seek help from a truck accident lawyer in El Paso to help protect your rights during the case.
Risks of Back Issues for Truck Drivers
Truck drivers often face a variety of health risks due to the nature of their profession, including the development of back issues. These risks greatly impact the driver’s ability to perform their job effectively. Here are the primary risks associated with back problems in truck drivers:
- Prolonged Sitting: Truck drivers spend extended hours behind the wheel, which involves sitting in the same position for long periods. Prolonged sitting can lead to poor posture and increased pressure on the spine.
- Vibration and Jolts: Trucks can produce significant vibrations and jolts, especially on uneven roads. The constant exposure to vibrations and jolts while driving can increase the risk of back problems.
- Poor Ergonomics: Truck cabs may not always be designed with ergonomic considerations in mind. Poorly designed seats and inadequate lumbar support can contribute to back discomfort. This increases the risk of back issues.
- Aging: Like everyone, truck drivers age. With age comes a natural degeneration of the spine. The cumulative effects of the above factors can worsen with age, thus making truck drivers more susceptible to back problems.
It is crucial to understand these risks for both drivers and trucking companies. This will enable them to take proactive measures to prevent and mitigate back problems in the trucking profession.
Commercial Drivers Must Meet Medical Requirements in El Paso, Texas
Just like other states, obtaining a CDL in Texas demands the applicant to meet special medical requirements. These requirements are in place to ensure the safety of both the commercial driver and others on the road.Those seeking a CDL in Texas must undergo a Department of Transportation (DOT) physical examination. This examination is conducted by a certified medical examiner to ascertain that they are physically fit for commercial driving.One crucial aspect evaluated during the DOT physical is the presence of back pain that limits a driver's movement, attention, or judgment. This assessment is significant because back pain can impair a driver's ability to safely operate a commercial vehicle, potentially leading to accidents and injuries.Applicants with back pain that significantly restricts their mobility or impairs their cognitive abilities may be deemed unfit to hold a CDL. However, minor back issues may not necessarily disqualify an applicant since they are manageable. So long as the back pain doesn't hinder the applicant’s ability to drive safely, they can be good truck drivers.
What if a Driver’s Back Pain Causes an Accident?
If a driver's back pain impairs their ability to drive safely, and they cause an accident as a result, they may be deemed negligent. Negligence makes the truck driver liable for the victim’s injuries and losses.Various scenarios can lead to negligence on the part of a truck driver. For example, a driver experiencing persistent back pain must undergo a medical assessment to determine their suitability for operating a vehicle. If they fail to do so and cause an accident, this failure could be used as evidence of negligence.On the other hand, if the driver experienced an unexpected and severe back pain episode while driving, they might not be deemed negligent. However, they would still be responsible for taking reasonable actions to prevent the accident, such as pulling over safely.
How Can a Truck Accident Attorney Help
Facing the aftermath of a truck accident can be overwhelming. This is often due to the medical treatment required and the legal process that follows. A truck accident lawyer can provide invaluable assistance throughout the legal process. Thus, you will enjoy peace of mind since your legal interests are being protected.Here's how a truck accident lawyer can help:
Legal Guidance
An El Paso truck accident lawyer has in-depth knowledge of Texas's and federal trucking regulations. They can provide the driver with guidance on how these laws apply to their specific case. A lawyer will provide a clear understanding of the available legal options. These include advising on whether to settle out of court or go on with a lawsuit.
Mitigating Legal Consequences
In accidents involving a driver's back pain as the cause, liability can be complex. A driver may face legal consequences as a result of the accident, but a lawyer will work to minimize these consequences. They will build a strong defense and argue on behalf of the driver in court if necessary.
Negotiating with Insurance Companies
Dealing with insurance companies can be challenging. A truck accident lawyer can handle all communications with the insurance companies involved. This means that your interests as a truck driver are protected during the legal process.
Litigation Representation
If a fair settlement cannot be reached through negotiations, the lawyer will represent the driver in court. They will present a compelling case, cross-examine witnesses, and argue on behalf of the driver to seek a favorable court judgment.
Call an El Paso Truck Accident Attorney
At Cesar Ornelas Injury Law, we believe that drivers whose back pain causes an accident deserve a chance for legal representation. If you happen to be a truck driver with a bad back that causes an accident, a truck accident attorney from our firm can help. We will offer you legal representation and advice on the available options under the law. Contact us today, and let us evaluate your case.
