OSA lorry driver cleared of causing death

[katiemcewan]

I've been following this tragic story and it's now been decided Colin Kane, the lorry driver with sleep apnoea who ploughed his truck into a traffic jam killing three, has been cleared of guilt.

You can read the story with video here: http://www.stv.tv/content/news/headl...ree_de_2007101

"... it was revealed that the 36 -year-old did not know that he was suffering from a sleep disorder. Kane told the court that he did not feel sleepy. Five months after the crash, he was diagnosed with the disorder, sleep apnoea, a condition which caused him to wake up around 100 times a night, although he was completely unaware of it."

Another news coverage:

http://www.dailyrecord.co.uk/news/scottish-news/2007/10/13/trucker-cleared-of-killing-three-people-in-his-sleep-86908-19944971/

"A medical expert told the court that Kane fell asleep for a few seconds because of a condition called obstructive sleep apnoea.

Dr Peter Fenwick, 72, said Kane didn't know he was ill at the time and would have had no warning that he was about to lose consciousness.

But another sleep disorder expert, Dr Austin Williams, claimed Kane would have felt drowsy before the blackout and should have pulled over."

It's hard to judge this case but it's a good example as to why people whould stop driving when they feel sleepy. With over 100 apnoea events an hour, I personally have doubts about him saying he didn't have any idea of suffering from a sleep disorder. With severe sleep apnoea you simply cannot feel totally refreshed, from what I know of the disorder.

Whether he should have known or not, it won't bring back the 3 people who died that awful day. Let this be a warning for those who drive despite not sleeping well.

[JackTheSnorer]

With over 100 apnoea events an hour, I personally have doubts about him saying he didn't have any idea of suffering from a sleep disorder. With severe sleep apnoea you simply cannot feel totally refreshed, from what I know of the disorder.

Without knowing the man, it's hard to tell but if I had to put money on it, I'd agree with you. And I don't believe he was OSA free at the time of the accident to then develop it into an AHI >100 disease within 5 months.

The crage of "not proven" is not exactly "absoutely not guilty" either.

In my opinion, his employer should have tested his staff regularly, by means of a simple questionnaire and engaging in one-on-one conversation. He's from not far from where I am so I wonder whether he still drives/is on CPAP.

Thinking how a £300 machine could have saved 3 lives makes it all the more shameful, this situation.

PS I read it on the BBC here: http://news.bbc.co.uk/1/hi/scotland/...st/7041425.stm

[puffin]

The problem is that there are a lot of people who drive for living that do not know that OSA exists never mind that they suffer from it. Feeling like a bag of b*****ks every morning and needing a kip in the afternoon feels natural if you've been waking up feeling like that for most of your life.

So yes it is possible to not know that you have a problem.

But still he would have felt sleepy and should have taken a break.

Even employers don't know about OSA, it's about time there was a national campain by HM Gov. to inform the public about this problem, backed up with more sleep clinics.

I get treatment, my brother in another heath Auth. can not. Post code lottery again.

[acebass]

In my opinion, his employer should have tested his staff regularly, by means of a simple questionnaire and engaging in one-on-one conversation.

Whilst I agree in principal, how many people would actually own up to being sleepy all the time if their employer asked them? especially if it is their only source of income.......

The onus is on the sufferer (or suspected sufferer) to do something about it.

I was only diagnosed after complaining to my doctor that my employer was about to take disciplinary action (and I presented him with some research I had found on the web about Sleep Apnoea) for me nodding off at my desk!

[JackTheSnorer]

Whilst I agree in principal, how many people would actually own up to being sleepy all the time if their employer asked them? especially if it is their only source of income.......

I know it won't be an easy situation but ultimately both employer and employee (and other road users, family etc.) benefit from an open attitude to these issues. If management creates a culture of openness, being approachable and showing care and support it should go a long way towards avoiding these situations where it's too late.

Ultimately indeed the onus is on the sufferer but we all know that sometimes the sufferer has no reason to suspect something as severe as OSA just because of the lack of awareness, that possibility doesn't even cross their minds. That's why I mentioned the role the employer plays in these types of industries where OSA seems prevelant and has a major impact on society.

[acebass]

That's why I mentioned the role the employer plays in these types of industries where OSA seems prevelant and has a major impact on society.

I totally agree, but I still think it will difficult to the employers to play ball, unless they have a driver who has been involved in an accident possibly caused by OSA. If the government were to enforce testing somehow, possibly in conjunction with a yearly medical then employers would have to take a more active role in their driver's welfare.

[JackTheSnorer]

That's an idea. This week in the news I heard the government was going to monitor child obesity systematically at age 5 and 10. If at risk, they'll send letters to the parents. A similar program could work with profesisonal drivers. Monitor their risk and let them and the boss know about it along with some education and warnings.

[Kipper]

Whilst I agree in principal, how many people would actually own up to being sleepy all the time if their employer asked them? especially if it is their only source of income.......

The onus is on the sufferer (or suspected sufferer) to do something about it.

I was only diagnosed after complaining to my doctor that my employer was about to take disciplinary action (and I presented him with some research I had found on the web about Sleep Apnoea) for me nodding off at my desk!

Same with me. I had no idea I was anything other than a bit tired, blaming it on medication that I was taking. Fell asleep at work a few times and the boss, worried that it was to do with my other ailments, suggested I see the doctor to get my medication changed. Went to the doctor and, as they say, the rest is history. I never felt tired whilst doing something, only at home, after meals and lunchtime with nothing to do. Never felt tired driving, HOWEVER, remembering some journeys now, with hindsight, I may well have done.

[katiemcewan]

Sorry for the late reply!

It does seem like it's always people in the sufferer's near circle of family, friends, colleagues and associates who first notice signs of trouble. Especially the spouse! Perhaps raising awareness should be aimed at them, instead of directly at the patient.

[Joe McManus]

And today in the news, another lorry driver was in fact found guilty:

http://www.guardian.co.uk/uklatest/story/0,,-7135097,00.html

A lorry driver has been found guilty of causing the deaths of a family of four when he fell asleep at the wheel.

[...]

The 30-tonne vehicle then rode over the Peugeot and into the back of a car transporter lorry, the court heard. King denied the charges, maintaining that he simply did not know what happened.


The trial heard how King suffers from sleep apnoea, a respiratory condition which disrupts sleep and can cause drowsiness.


The Crown said King would have been aware he was getting drowsy but he failed to take appropriate steps to avoid falling asleep at the wheel, with tragic consequences.

From other articles earlier in the court process, I believe he's on CPAP now but that was too little too late.

The BBC said: http://news.bbc.co.uk/1/hi/england/o...re/7132877.stm

Sgt Jell, flanked by Mrs Dowling's sister, Sue Howlett, and Mr Dowling's sister, Linda Whittingham, added: "I would urge every driver to take note of this trial and, if ever they feel the need to drive whilst tired, they should think of Malcolm, Janice, Richard and George Dowling, and stop and take a break."

[mart9012]

Hmm...

I was a professional driver for a few years and I used to suffer with tiredness while driving most afternoons. I was not aware of OSA and used to blame it on blood sugar levels swearing I would eat something "next time". However, I was aware that I would fight to keep my eyes open on any long delivery especially if it involved motorway driving. Often I would have windows wide open while doing 70mph and the radio on loudly. None of these things were particularly good at keeping me sharp or alert. I even had an incident where I fell asleep enough to go over the hard shoulder onto a grass bank and only another driver sounding his horn woke me! It could easily have been a major accident and it would have been entirely my fault! The fact that I knew I was struggling to keep my eyes open was enough to make it my responsibility to sort it out, but I didn't. I ended up moving over to motorcycle deliveries mainly because I didn't suffer the problem on bikes (due to concentration levels, cold air or driving position perhaps?). Anyway, in the end, some years later, it was my GP who pursued a comment I made about being tired a lot. Out came a questionaire and an appointment.

If there had been better education about OSA or some sort of screening I would have been caught earlier and all those years of risk avoided. I think we are so complacent about driving and forget that we are in charge of a big lump of metal, travelling pretty quickly that can cause huge injuries when people are hit by them. My friend is a Collision Investigator with the Met Police and his stories make me pale...

Something I do just sometimes is to stand on a pavement and watch cars approaching a bend or junction and see how fast some drivers are going before they start to brake hard or turn sharply... its pretty scary sometimes, especially the younger drivers...


Mart...

[AAAMedical]

This May help the Overall Cause of OSA

30% of truck drivers are diagnosed with sleep apnea; that is 1 in 3 truck drivers that have sleep apnea. 80% of actual drivers may have sleep apnea but have not been diagnosed or checked out. Fatigue (an effect of Sleep Apnea) results in 13% of truck accidents.

A recent statistic has shown that in the year 2000: 800,000 accidents were OSA (Sleep Apnea) related. Not taking care of Sleep Apnea could result in disqualification of trucking rights within a company.

Many Commercial truck drivers want to take care of the problem, but don't know where and how.

[US focused ad removed - please don't post the same thing 4 times]

[Berneta]

Driving with OSA

Hi everyone. I can't agree that drivers always know when they are fatigued. Falling asleep at the wheel can be instant. One minute you are wide awake and the next you are asleep. MOST Osa conditions go on for years with people carrying on their regular jobs--driving--raising children--etc. without falling asleep. Its on those long hauls, when overworked drivers who are working way more hours than they should, suddenly fall asleep at the wheel. The fact is that many overworked drivers cause deadly accidents-- and it has NOTHING to do with OSA. Not all truck drivers have OSA--but many have bosses that overwork them in spite of laws against it. If we want to stop such accidents we need to be harder on the employers who overwork their drivers. Its pretty hard to prove if someone had an OSA Event at the time of an accident. OSA testing is not all that is needed--the law needs to check now and then to find out how long drivers have been on the road. A clue to having too many hours driving is having to drive with the radio on loud, and windows open, and drinking lots of coffee or caffeine pills,having to stop frequently to stretch and refresh. Yes some drivers with OSA cause accidents--but they are NOT THE ONLY ONES! Berneta

[Fredxx]

Things are a lot tighter in the UK than in the US. All lorries have Tachographs fitted recording the speed and driving times. There are all sorts of rules on driving times such as a 45 minute of break for every 4.5 hours driving, maximum daily driving of 9 hours, maximum 90 hours driving over 2 weeks, minimum daily rest period of 11 hours, minimum weekly rest period of 45 hours...

All that is recorded by the Tachograph in the cab, and can be spot audited on the road, or a haulage company can be block audited.

[Richard]

The tacho. regulations may be tighter in the UK than the States, but a canny transport manager will know how to squeeze the maximum driving hours out of his team.

It's down to articulated trailers. A driver returns to the yard at, say, 3.45pm after a long drive, but he has an hour and thirty minutes left on his tacho. that he can work that day. The manager anticipates his arrival and so he has another trailer already loaded. He swaps trailers and heads off again. The end of his permitted hours will mean he spends the night in a lay-by rather than at home.

He may have a sleeper-cab with all mod.cons, but you cannot get a proper night's sleep parked in a lay-by. And suppose he has undiagnosed OSA, anyway? He awakes with a banging headache, but he has no alternative but to drive on.

The high number of HGV accidents taking place in the early morning are attributable to the driver having spent the night in a lay-by and had a poor night's sleep. Having undiagnosed OSA just makes the problem worse.

Around 1,700 European trucks enter the UK every day; their average length of stay is 38 hours. They spend a maximum of two nights here, either on a lorry-park or MSA or, more likely, in a lay-by. And the same applies, but this time there's a race for the ferry/tunnel to get back home.

The two peak times per day for sleep-related accidents are early-morning and between 2.00pm and 4.00pm in the afternoon. The sleeper-cab is a menace: on the one hand the driver has a comfortable bed and he can claim an overnight allowance that he doesn't have to spend on accommodation, but on the other, it's doubtful whether he gets a decent night's sleep.

Richard