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Our Cases - Public Awareness

  Lawmaker Takes Aim at Health & Eyesight Standards for Drivers of 18-Wheelers in Texas

Vision-Impaired Trucker Leaves Dallas Man Brain Injured,
Perry Haas Lawsuit Reveals Loopholes

DALLAS, TX - A Texas House member took aim at truck driver safety regulations today in the wake of the tragic Sept. 20th collision near Sherman that killed 10 persons - the deadliest Texas highway accident in eight years.

State Rep. Lon Burnam, Dallas/Ft. Worth, said he will propose legislation during the upcoming session that will require all holders of commercial drivers' licenses in Texas to meet federal health and vision standards. Burnam is a member of the House Law Enforcement Committee.

Former District Court Judge René Haas, of Corpus Christi, joined Burnam in calling for tighter regulations governing truck drivers' medical condition and eyesight as one way to curb fatalities.

In June, Judge Haas settled a lawsuit involving a truck driver legally blind in one eye who rear-ended a car driven by a Dallas resident in 2002, leaving him severely brain injured. The driver also had a history of high blood pressure, which is known to affect eyesight, but under Texas law was exempt from having to meet federal physical and vision requirements because he limited his driving to the state of Texas.

Lawmaker Takes Aim at Health & Eyesight Standards for Drivers of 18-Wheelers in Texas

Vision-Impaired Trucker Leaves Dallas Man Brain Injured, Lawsuit Reveals Loopholes DALLAS, TX - A Texas House member took aim at truck driver safety regulations today in the wake of the tragic Sept. 20th collision near Sherman that killed 10 persons - the deadliest Texas highway accident in eight years.State Rep. Lon Burnam, Dallas-Ft. Worth, said he will propose legislation during the upcoming session that will require all holders of commercial drivers' licenses in Texas to meet federal health and vision standards. Burnam is a member of the House Law Enforcement Committee. Currently, Texas law states that a commercial truck driver who only hauls within the state of Texas and who has been driving since Aug. 28, 1989, is not required to meet federal physical and vision standards, Rep. Burnam said. Further, Texas also grants an "eyesight waiver" to intrastate truckers with vision in only one eye, Burnam said.Federal law clearly states that "Drivers with monocular vision are not qualified to operate a car or vehicle in interstate commerce," Burnam pointed out. "There is no federal waiver for truck drivers transporting goods across state lines. Why should there be a waiver for those drivers within Texas borders?" he said.The driver in the Sherman collision has been charged with 10 counts of manslaughter. The accident is still under investigation as to its cause.Collisions involving semi-truck trailers killed 438 people in Texas in 2003, more than any other state, according to the National Highway Transportation Safety Administration. Texas also had the second highest number of total vehicles involved in fatal large truck crashes, 5,040.Former District Court Judge René Haas, of Corpus Christi, joined Burnam in calling for tighter regulations governing truck drivers' medical condition and eyesight as one way to curb fatalities.Now a lawyer in private practice, Haas in June settled a lawsuit involving a truck driver legally blind in one eye who rear-ended a car driven by a Dallas resident in 2002, leaving him severely brain injured. The driver also had a history of high blood pressure, which is known to affect eyesight, but under Texas law was exempt from having to meet federal physical and vision requirements because he limited his driving to the state of Texas. "I was stunned to learn in the course of this lawsuit that Texas law is ambiguous on whether drivers who have held a commercial driver's license (CDL) since 1989 must meet any physical health qualifications at all. A reading of the law can be interpreted either way, and unscrupulous companies are using this as a defense in lawsuits that grow out of collisions caused by sick or impaired drivers. The law needs to be clarified and strengthened," René Haas said.Furthermore, Haas said current rules allow CDL holders to take several health exams until they can find a doctor or nurse who will give them the longest certification, which can be up to two years. "This loop hole needs to be closed and a system put in place that will ensure impaired or sick drivers are prohibited from driving until they are found fit under specific, simple and clear state rules," she said. More information about the case and trucking safety can be found at www.perryhaas.com/18wheelerlegislative.html.The Haas case involved David Lee Jackson, 27, of Dallas, who was stopped at a stop sign in Grapevine, TX, when he was hit from behind by an 18-wheeler driven by Jimmy Jones. It was later disclosed in court proceedings that Jones, 55 at the time of the collision, was legally blind in one eye and experiencing significant vision problems in the other eye probably due to high blood pressure. Jones, who worked for Prodrivers, was on lease to Kimberly-Clark when the crash occurred.Jackson's wife, Linsey, said that her husband suffered a closed head injury and will require 24-hour supervision for the rest of his life."I cannot convey to you the heartache and the devastation we have suffered. This driver should not have been on the road. Because of this trucking company's callous disregard for safety, my husband will pay for the rest of his life. It's wrong, wrong, wrong and I beg the Texas legislature to make it right." Mrs. Jackson said. While the Texas Department of Transportation officials may argue that the state has adequate vision standards for drivers within its departmental rules, Haas said the defendants in the Jackson case could have argued that Texas state law exempted the driver from having to meet a vision standard. "We may have settled this case, but the tragedy that the Jacksons suffered is certainly not over, and the threat to Texas drivers is certainly still present. It is time to do what we can and must do keep unhealthy and vision-impaired truck drivers off the road. Texas needs to put all trucking companies on notice that drivers have to meet strict physical health requirements to be considered safe behind the wheel," she said.

FOR MORE INFORMATION CONTACT: Mike Kelly 512-327-6788 (for a printable version of this release, click here)

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