Driving any kind of motor vehicle is complicated. Whether a driver is behind the wheel of a semi-truck; sedan; SUV; pickup; minivan; delivery truck; taxi; or cruising on a motorcycle, each moment comes with all kinds of cognitive tasks. As neurologists at the University of Iowa explain, driving “…requires a seamless integration of multiple cognitive abilities, including attention, perceptuomotor skills, memory, and decision making.” Anderson, Steven W., et al. “Cognitive abilities related to driving performance in a simulator and crashing on the road.” Driving Assessment Conference. Vol. 3. No. 2005. University of Iowa, 2005, page 286.
Here in Illinois and Indiana, most drivers understand that things like drunk driving or smartphone distractions are dangerous because they interfere with the human brain’s ability to drive effectively and efficiently. However, many may not realize that something as commonplace as having a cold or suffering from a stomach bug can jeopardize that driver and those sharing the roadway.
Sick drivers are at risk of being involved in a serious or fatal motor vehicle accident simply because their minor health issue affects the ability of their brain to function while they drive.
Common Cold Enough to Impair Driver and Increase Risk of Collision
It does not take much for a driver’s brain function to be compromised while driving. Researchers have confirmed that something as simple as the common cold can impair a driver by causing reduced reaction times, putting them at risk of a crash. See, Smith, Andrew Paul, and Samantha Jamson. “An investigation of the effects of the common cold on simulated driving performance and detection of collisions: a laboratory study.” BMJ open 2.4 (2012): e001047.
Obviously, the sicker a driver becomes and the more symptoms that manifest, then the greater the danger of a motor vehicle accident. And this is true even if the driver has avoided taking any kind of prescription drugs or over-the-counter medications before taking the wheel.
Things like medication prescribed by a doctor or cough syrup bought at the local grocery pose their own separate set of impairment risks. For more on impaired driving caused by drugs or OTCs (think Sudafed, for example), read FDA Warns of Over-the-Counter (“OTC”) Medications and Drugged Driving Accidents.
Illness and Driving: Sick Drivers
Why is even a driver’s minor sickness an increased danger for all of us on the roadways of Indiana and Illinois? The driver’s brain function will be jeopardized by things like malaise, fatigue, and physical symptoms that can include gut-related issues (nausea; cramping; etc.).
Driver cognition may also be impacted by sickness-related tasks, like grabbing for tissues or drinking liquids to fight off dehydration. Runny eyes, sneezing, headaches: these are all health-related distractions to the brain.
And of course, a fever will bring its own cognitive distress. The hypothalamus controls body temperature, and a fever can result in all sorts of things such as confusion and sleepiness alongside shivering and muscle aches. Read, “Fever,” written by Howard E. LeWine, M.D., and published by Harvard Health Publishing, Harvard Medical School, on April 3, 2023.
For anyone who feels too sick to go to work or to go to school, then they should opt not to drive their car, SUV, or pickup – even if they just want to go see their doctor. However, the reality is that lots of us don’t think we have that choice: we have a test that day, or we can’t afford to take off work.
Truck Drivers and Driving While Sick
Commercial truck drivers are some of the most critical workers in our country. Truckers are absolutely crucial for our economies to keep going – and practically speaking, we all rely upon the services that truck drivers provide each and every day. If the trucks stop, then there’s no food on the store shelves and no gas at the pump, etc.
Which makes driving while sick a great temptation for any truck driver. The deadline to make their run and deliver their load is immense.
However, federal law recognizes the risks that come with someone driving a motor vehicle while they are under the weather. While there is no specific statute or regulation regarding sick drivers of personal vehicles, 49 CFR §392.3 outlaws a trucker from driving when they are sick. It provides:
Ill or fatigued operator.
No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. However, in a case of grave emergency where the hazard to occupants of the commercial motor vehicle or other users of the highway would be increased by compliance with this section, the driver may continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed.
Of great importance, the federal law also mandates that the “motor carrier” is not to “require or permit” their truck driver employee to drive the rig if the trucker feels sick. For safety agencies and advocates of accident victims and their loved ones, this provision is extremely important.
Those in the know – especially truckers themselves and their loved ones – know that all too often, the pressure to make a delivery deadline will supersede compliance with this regulation and supervisors will force the trucker to drive sick regardless of the danger.
Consider the report of one trucker in the Trucking Truth Forum who “… had a fever, vomiting (other stuff)…” and was told that they “…still had to deliver till I could get aid.” It’s far from an isolated incident.
Accidents Involving Sick Drivers
If someone who is sick or unwell is unfortunately involved in a motor vehicle accident, then the subsequent investigation may determine that the illness impacted driver cognitive abilities and was a contributing factor in the collision.
Medical professionals as well as accident reconstruction experts and other specialists may be needed to confirm that the driver was ill and that this illness impaired brain function in specific ways that compromised driving abilities or caused mistakes to be made. Things like medical records and activities in the hours prior to the event may be needed to prove up the link between the driver’s ill health and their failure or inability to operate their vehicle safely.
Driving while sick can be the basis of a negligence claim where damages can be sought against the driver and others who may have legal liability for what has occurred. For instance, employers like trucking companies can be responsible for these collisions when they have failed in their duties of safety and care in taking their employee off the road until they are well again.
For more on trucking company liability, read:
- Semi-Truck Crashes: Who Can Be Held Legally Responsible for Commercial Trucking Accidents in Indiana and Illinois?
- Trucking Companies Liable for Semi-Truck Crashes in Indiana and Illinois
- Trucking Companies – Learning More about Motor Carriers Involved in Fatal Big Rig Crashes.
There are too many severe or fatal motor vehicle accidents in this country and anyone driving while sick is putting themselves, their passengers, and others on the roads with them at an unacceptable risk of harm. Too many drivers do not recognize that their brains are legitimately compromised when they have an illness, even something as minor as the common cold. Please be careful out there!
