Rosenbaum & Rosenbaum, P.C. | November 30, 2018 | Truck Accidents
There is often an added degree of courage and commitment assigned to those who are willing to come into work when they are sick. While their dedication to their jobs may be admirable, in many cases, the best course of action may just be for them to stay home in bed. That is not only for their own benefit, but also yours and the others in New York that they may come in contact with. Not only do you not want to contract whatever illness they may have, but you also do not want to be subjected to any potential risks that them doing their jobs while sick may pose.
Sitting at a desk is very different than being behind the wheel of a semi-truck. Truck drivers need to be in constant control of their faculties that all times, and being sick can certainly hinder that. A migraine headache may make it difficult for them to focus on the road. A need to vomit might cause to repeatedly stop to find a bathroom. Even something as seemingly simple as a severe coughing fit could cause them to lose control while on the road. If you happen to be involved in an accident caused by a truck driver whose current health status would cause most to question why they were behind the wheel, then you may wonder who is ultimately liable.
Section 392.3 of the Code of Federal Regulations states that motor carriers cannot compel their drivers to work when an impairment due to illness or fatigue could potentially cause them to present a danger to others on the road. The only exception would be in cases where a driver becomes ill while on a route and has to continue to drive to a point where they can be relieved by another.