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How Medical Lapses of Consciousness Differ From Drunk Driving: What To Know After An Accident


Despite serious measures being taken to prevent drunk driving by increasing checkpoints and raising awareness amongst drivers, 2017 saw a total of 5,125 DUI cases, which tragically resulted in 350 casualties. Unfortunately, it’s quite clear that the Florida administration still has a long way to go when it comes to achieving absolute road safety.

However, what if an accident is caused by a driver who was indeed in a confused state, but not due to the influence of alcohol but rather a medical condition? People prone to seizures and people with mild cognitive disabilities are granted the right to drive vehicles as long as their conditions are mild/controllable through medication. This right is ensured to the citizens by the Americans With Disabilities Act, which ensures that these patients cannot be denied a driver’s license by any institution of the law.

But what happens if such a person causes an accident due to their condition? How does the law differentiate between drunk driving and driving with a disability? In today’s article, we’ll be delving deeper to answer these questions.

People Prone To Seizures May Drive, But Only Under Certain Conditions

Although the Americans With Disabilities Act does permit epileptic/seizure-prone citizens to drive, the Medical Advisory Board puts forth guidelines that these drivers must abide by to ensure their safety as well as the safety of the people around them.

In order to be allowed to drive, the person must be seizure-free — that is, they must not have had any seizures for the past 3 months. The person also needs to be withdrawal-free, as well, i.e. they must be free of any seizure treatment drugs for the past 3 months. If the person satisfies these two criteria, they may be allowed to drive normally.

However, if they report seizures once again which have been recurring for the past year, their permission for driving will be revoked. These cases are thoroughly taken care of by the Medical Advisory Board, and if an accident is caused by a seizure-prone patient whilst they were having a seizure, it is the board that will be held accountable for the situation.

The Penalty of Property Damage from Cognitively Impaired Persons

You may be wondering what happens if a person with epilepsy hits your car or damages your property while having a seizure. If the person has an unexpected and unreported seizure and causes an accident, the case will, for the most part, be treated as an ordinary automotive accident. In turn, penalties will be charged in accordance with the laws imposed on able citizens.

Has Your Property Recently Been Damaged?

When your property is damaged by a person with a disability, the case’s complexity seems to increase tenfold. In turn, you will need the guidance of a lawyer whom you trust. If you or someone you know is involved in an accident case that involves a disabled person, our Orlando car accident attorneys here at Payer Law can help you out. Please reach out to us today to schedule a free, no-risk consultation to learn more about your rights if your property was damaged by a person with a disability.



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