Seizure-Related Car Accidents: Who Can Be Held Liable? - BrettSteinbergLaw
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Seizure-Related Car Accidents: Who Can Be Held Liable?

Epilepsy is prevalent in the US, affecting between 5 and 8.4 per 1000 Americans every year or between 2.2 to 3 million US citizens (American Epilepsy Society), with older adults and children being at greater risk.

Unfortunately, seizures can and do occur when epileptic people drive, but those seizure-caused accidents are less prevalent compared to alcohol and driver error. Per WebMD, between 1995–1997, 86 drivers in the US died each year due to seizures. Though rare, you could end up in a car accident involving a seizure. Can the seizing driver then be held liable for a seizure-related car accident?

The symptoms of a seizure

The following may occur in people with epilepsy, even when properly taking medication:

Injuries caused by a seizure-related car accident

The following injuries may happen to you if you were struck by another person who was having a seizure:

Driver Requirements for Florida

According to Epilepsy.com, a person with epilepsy in Florida may receive their driver’s license under their doctor’s recommendation but only after they have been declared seizure-free for over two years. Seizure-susceptible drivers are also required to demonstrate that they are taking an anti-epilepsy medication.

However, if the driver is under constant medical supervision, they can apply to drive after being one-year seizure-free. They must also send a follow-up medical evaluation a year post-approval of licensure.

Determining who is at fault for seizure-related accidents

When you’re in an accident that was caused by the other driver having a seizure, you may seek damages in the form of monetary compensation for psychological and physical pain, loss of wages both current and future, job loss or time off, death of a loved one, household expenses, and more.

However, to determine whether the driver is at fault, the following must be asked:

To prove liability is even more difficult. You’ll have to figure out whether:

In most cases, it is considered reckless for a person with a history of seizures to drive, as they are aware that seizures could render them unconscious, which could lead to a car accident. This can likely net you monetary compensation for your injuries.

Consult a personal injury attorney should you get in a seizure-related accident

Consider contacting a personal injury attorney if you are hit by a person suffering from a seizure at the time of your accident. The seizing person may not have had a license to drive or were neglectful, causing you to lose wages and time but also suffer from psychological and physical damages.

Not only will you have an attorney fight for the compensation you deserve, but they will fight all while you focus on relaxation and recovery.