I am not speaking of suspicion. Doctors do it for elderly drivers they consider unsafe. Many jurisdictions prohibit driving with untreated sleep apnea above a certain cutoff. There is a difference between driving with sleep apnea when you have no idea that you have it (guilty!) and when you know that you do have it should not be driving unless it is treated. The latter is culpable the same as drinking and driving.
08-07-2016, 02:38 AM
(This post was last modified: 08-07-2016, 02:39 AM by srlevine1.)
In California, if a professional truck driver with known sleep apnea caused an accident based on being fatigued and not using a xPAP, that might be argued as culpable negligence (recklessly acting without "reasonable" caution and putting another person at risk of injury or death) which proportionately contributed to the accident. You may wish to read "Defending Sleep Apnea Claims in Trucking Litigation" which can be found at http://www.butler.legal/files/Zivitz.pdf
As for a civilian with a non-commercial license, would it be any different if a person failed to take their medicine, had a seizure, and was the proximate cause of an accident? In the final analysis, it all depends on who has the deepest pockets and the best attorneys.
It is also a cautionary tale for those whose compliance is remotely tracked, stored, or recorded by vendors or physicians. Or even self-recording that could be produced during discovery. Look to see a spate of "black box" subpoenas during discovery as vehicles become personal recorders of driving events and behaviors. Already some insurance companies are providing discounts for those people who allow the insurance company to monitor their behavior. I see trouble ahead.
Best advice. Make sure your sleep doctor is a lawyer and your pertinent records are privileged as attorney-client work products. Works for Hillary Clinton, it might work for you.
"The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
08-07-2016, 03:10 AM
(This post was last modified: 08-07-2016, 03:11 AM by FrankNichols.)
"In the final analysis, it all depends on who has the deepest pockets and the best attorney"
And that is the sad summary of our legal system today, notice I did not say Justice System...
I am not a Medical professional and I don't play one on the internet.
Started CPAP Therapy April 5, 2016
I'd Rather Be Sleeping
My take is that driving is a privilege, not a right.
When you drive you take other people's lives into your hands and no one has a "right" to do that. It is privilege contingent upon the ability to drive responsibly and safely. "Innocent until proven guilty" does not apply when it comes to driving, and it shouldn't be. You have to prove your ability in order to be allowed to drive on public roads just about everywhere, and that is as it should be.
If a Medical Doctor becomes aware that it is dangerous for you to drive because of a medical condition then they have a moral obligation to report this to the relevant authorities. Also, nearly everywhere they also have a *legal* obligation. Since they are not perfect and being humans do make mistakes, there are nearly always provisions for appealing, as there should be.
The above is my opinion. It is just possible that I may, occasionally, be mistaken.
I am neither a Doctor, nor any other kind of medical professional.
Everything put together sooner or later falls apart.
It seems most if not all of us are mostly in various degrees of agreement.
As dire as my AHI's were, I never felt impaired and my Dr's always indicated I was alert, responsive, lucid in complete and total control of my faculties.
So I guess with that the question becomes where's the line to be drawn?
Someone else exhibiting my exact characteristics might not present quite the same way...
So to have a hard and fast set of laws like Md. has (Yes I made the mistake of checking the box of being diag'ed with sleep apnea, as my Dr's never reported me) and those pinheads went literally ballistic about every 3 months for several years... wanting boxes of documentation from my poor Dr.
Fortunately, I finally escaped that over legislated state and now haven't any of those problems.
Yes, I'm always aware of when I'm not in good enough condition to make reasonable decisions.
Warning: Eating chocolate may cause your clothes to shrink!
<---- That's ME!