TESTING TRUCKERS FOR SLEEP APNEA

The Federal Motor Carrier Safety Administration is engaged in ongoing talks focused on combating trucker health issues like sleep apnea, a major problem contributing to tractor trailer accidents.

Sleep apnea is a condition in which a narrowing or closure of the upper airway during sleep causes repeated sleep disturbances, and possible complete awakenings, leading to poor sleep quality and excessive daytime sleepiness.

This fatigue can lead to very serious truck accident injuries once the driver gets behind the wheel. Fatigue is a significant contributing factor in as many as one out of every seven tractor trailer crashes.

Sleep apnea is closely associated with being overweight. Truck drivers are particularly susceptible to being overweight because of the nature of their job. Trucking requires a driver to sit for eight hours or more each day with limited opportunities for exercise. As a result, as many as 40 percent of truck drivers are classified as significantly overweight.

Truck drivers receive medical exams every couple years, but it has never been required that they be tested for sleep apnea as part of the exam. That may change. The Medical Review Board of the FMCSA has recommended that CDL holders with a body mass index (BMI) of 30 or higher be tested for sleep apnea. A BMI of 30 or greater – 220 pounds for a 6-foot-tall person – puts people at risk for developing obesity-related medical conditions such as sleep apnea. Nearly a third of Americans are clinically obese.

I-49 BETWEEN JOPLIN AND KANSAS CITY

The Missouri Highways and Transportation Commission (MHTC) recently approved highway construction resulting in the upgrading of the U.S. 71 corridor between Kansas City and Joplin to interstate standards by the end of 2012. The upgraded interstate would have the designation I-49. The Missouri Department of Transportation believes the proposed improvements will “enhance[] economic opportunities and freight movement.”

The funds for this project were originally intended to be used for a four-lane bypass of Bella Vista, AR, creating an interstate from Joplin to Fort Smith, Ark. However, the Arkansas State Highway Commission has indicated that, due to funding shortfalls, it intends to construct a two-lane Bella Vista bypass in phases over six years. A two-lane bypass would not be compatible with interstate standards. For this reason, the MHTC shifted its priorities on U.S. 71.

“We need to capitalize on the opportunity to bring I-49 to Missouri between Kansas City and Joplin,” said Rudy Farber, MHTC Chairman, “but still work with Arkansas toward progress on the Bella Vista Bypass.”

Once improvements between Kansas City and Joplin are complete, any remaining funds will be used to begin construction of the Bella Vista Bypass in coordination with Arkansas.

The improvements to U.S. 71 between Kansas City and Joplin that are necessary to attain Interstate status include the construction of seven interchanges, four overpasses and one set of outer roads:

Cass County -- Two overpasses and one interchange

Bates County -- One interchange and one set of outer roads

Vernon County -- Five interchanges and one overpass

Barton County -- One overpass

For more information about the planned improvements see:

www.modot.mo.gov/southwest/I-49MapsandInformation.htm

CONTINGENCY FEE ARRANGEMENTS PROTECT THOSE THAT HAVE BEEN INJURED

Large corporations and insurance companies have the resources to pay attorneys $250 to $500 per hour to defend claims brought by injured people. However, most injured people do not have the resources to pay an attorney such an hourly rate to recover the compensation they are owed. For this reason, BWS, and most other injury attorneys, will handle cases for injured people on a contingency fee basis. This means the attorney is paid only if he or she recovers compensation for the injured person. The attorney will be paid a percentage of the amount recovered. A contingency of 33% is customary. A 40% contingency percentage is sometimes used in more complex cases. If the attorney does not recover compensation for the injured person, the attorney does not get paid for the time spent on the case, which can be substantial.

While many accident victims understand that the attorneys’ fee is contingent on winning the case, most do not fully grasp the extent to which a contingency fee can insure full compensation for medical expenses and property damage or loss. Imagine you are involved in an accident. Your injuries prevent you from working, and your savings are insufficient to cover your exorbitant medical bills, let alone pay an attorney $250-$500 dollars an hour to represent you. The contingency-fee arrangement protects you, deferring legal expenses until you recover the compensation you are owed.

Additionally, a contingency fee ensures that your interests are aligned with your attorney’s interests. While an attorney working on an hourly basis gets paid whether or not his client wins the case, an injury attorney working on a contingency fee basis only gets paid if you win the case. An injury attorney working under a contingency fee is also motivated to maximize your recovery because the higher your recovery, the more the attorney gets paid.

Many critics of attorneys claim contingency fees cause frivolous lawsuits. The opposite is true. Personal injury lawsuits require much effort and expense. An injury attorney must hire experts to help build the case, which can cost the attorney $30,000 to $100,000 in some cases. Attorneys are not reimbursed for these expenses if they lose the case. It is not unusual for the attorney and staff to put more than 200 hours into a case. Too many lost cases can cause an attorney to go out of business. Consequently, smart injury attorney only take cases that have merit and are likely to lead to a favorable verdict if the case goes to trial.