Do Common Carriers Owe Their Customers Healthy Drivers?

Common carriers, such as bus drivers, subway operators, and train drivers, do owe their customers healthy drivers. If common carriers allow unhealthy drivers with serious medical conditions to drive customers around, there will be more accidents and injuries.

While it is true that you cannot discriminate against individuals with disabilities and health conditions, you cannot allow certain people to operate these public transportation vehicles if you want to ensure that customers and passengers are safe and harm-free during their commutes.

A recent Chicago bus accident that occurred due to a medical condition

In June 2024, a serious bus accident occurred in the South Side section of Chicago. It is believed that the bus driver experienced a serious medical episode, which caused the crash. The Chicago Transit Authority (CTA) bus struck several vehicles and a building, injuring at least five people. Even though each victim luckily survived, this accident was an eyeopener to bus riders, drivers, pedestrians, and other community members about the effects of a sudden medical condition on driving.

Are there health or fitness requirements in place for common carrier drivers?

Many people are aware of the fact that truck drivers are required to pass a DOT physical examination every two years. This exam must be conducted by a licensed physician or medical examiner. The Federal Motor Carrier Safety Administration (FMCSA) provides a list of acceptable medical examiners who can conduct a physical examination on the truck drivers. If the trucker has a condition that must be monitored or evaluated, such as high blood pressure, the physician or medical examiner can request the trucker receive their next DOT physical examination before the two-year mark.

After careful research, we found that other common carriers that transport customers instead of products and goods are required to also pass physical examinations. Below, we will go over what we found:

• CTA bus drivers: After a CTA bus driver applicant passes their interview, they are required to complete a medical and physical screening. A position as a CTA bus driver requires you to show proof of a Commercial Learning Permit (CLP) or a Commercial Driver’s License (CDL). A CLP is only good for one year, which means that you will be required to obtain your CDL before the 12-month period ends. Therefore, if you are hired as a CTA bus driver, you will be considered a commercial driver, meaning that you must pass the DOT physical test.
• CTA railway and subway operators: The requirements for CTA railway and subway operator positions are very similar to the CTA bus driver positions. You will need to obtain a CLP or CDL in order to start the position, which means that you will need to also pass the DOT physical test.
• Greyhound bus drivers: While Greyhound bus drivers drive buses around the country instead of only in Chicago, these drivers are also required to obtain a CDL. Therefore, they must be able to pass the DOT physical test before they can begin the job.
• Amtrak train drivers: Amtrak train drivers also need to pass the DOT test and receive their CDL during training. However, Amtrak also requires additional strength and physical testing, which you must pass every three years on top of the DOT testing every two years. Another requirement is that you must undergo and pass a sleep apnea test every three years to continue driving trains for the company.

What does the DOT physical examination consist of?

The DOT physical examination ensures that commercial drivers are “physically, mentally, and emotionally fit” for the job. Therefore, anyone who carries large and heavy loads or transports more than eight people is required to pass a DOT physical examination. This type of screening consists of the following:

• Going over your medical history (past surgeries, current medications, previous or current health issues, drugs/ alcohol/ or tobacco use)
• Checking your weight, blood pressure, height, vision, hearing, ears, eyes, mouth, heart, lungs, stomach, back and spine, skin, joints, muscles, reflexes, genitals, urinary system, circulatory system, movement, and more
• Taking a urine test, which allows the examiner to check for sugar, blood, protein, and more

Depending on the medical examiner’s findings, they may order additional testing, such as a sleep apnea test or diabetes test. If you pass the DOT physical, you will receive a DOT medical card, which is good for two years. However, if you have a condition that the medical examiner thinks should be checked more frequently, such as diabetes, high blood pressure, or a heart murmur, they can require you to pass your next DOT examination sooner than two years.

Should common carriers be required to conduct more routine physical and medical screenings on their drivers?

Many drivers stress and worry about passing their physical and medical screenings every two years. However, the reality is that this test is not only for their benefit but also reduces the risk of them causing an accident and injuring their passengers, other drivers, pedestrians, and other vulnerable road users. Therefore, we do think that it is a good idea for common carriers to conduct more routine physical and medical screenings on their drivers.

It may be a hassle to go to these examination appointments, but relatively healthy people can develop medical conditions unknowingly before the two-year period ends, which can lead to severe medical emergencies. When bus and train drivers experience sudden medical emergencies in the middle of their shift or route, many people can become hurt and even killed, but if their employers required more physical and medical screenings, the accident may have been able to be prevented.

At Gainsberg Injury and Accident Lawyers, our Chicago personal injury attorneys believe that bus, train, and subway companies have a duty to employ safe and overall healthy drivers. This means that they could be held liable if one of their drivers has a medical emergency and puts customers at risk of a catastrophic accident and injuries. If you or a loved one was hurt in a bus, train, or subway accident, our team is ready and available to help. Call our office or submit our contact form to schedule your free, no-obligation case evaluation and find out your legal options today.