Driving

[schilak]

Is there a risk of family members being sued if I get into an accident because of a seizure when driving? Some of my siblings and first cousins are concerned because they think they may be liable because they know about the issue and did nothing about it.

Thanks
Srikanth

 

[Nakamova]

Hi schilak --

It's a gray area of the law and may vary from state to state. You certainly could be civilly or criminally liable for a motor vehicle accident caused by seizures. Liability can occur when someone drives against medical advice, without a valid license, without notifying the state department of motor vehicles of the medical condition, or with the knowledge that he or she is prohibited from driving.

There are at least six states that have "mandatory reporting laws" that require doctors to report people with epilepsy and/or other disorders that may make driving hazardous. In these states, doctors may be liable for negligence if they fail to report a person with epilepsy who is later involved in a motor vehicle accident. But I think a relative with knowledge of your seizure disorder would be held to a different legal standard. A friend or family member wouldn't necessarily be expected to have the medical knowledge to know for sure whether or not you have a seizure disorder, and wouldn't be legally obligated to report it to the state. It would be difficult to prove otherwise.

 

[Brent]

Is there a risk of a family member being sued because YOU got in a wreck. Well, yes, but that answer is misleading. Anyone can sue anyone for any reason. I could be sued for turning the moon into cheese. Does this mean that I am liable? No, it just means that someone has accused me of being liable. It doesn't even mean that the action has taken place.

So, I could sue your family right now for damage you did to my car while driving, even though you've never driven anywhere near my car. Will I win that suit? No, of course not, because it is ridiculous, but I could sue.

So, what you really want to know is whether a family member could be found culpable should you get in an accident. No, not likely, there are just too many things that need to be proven:
- You caused the damage.
- The accident was the result of a seizure.
- Your family knew that you had a high risk of seizure.
- Your family understood that a seizure could cause you to get in a wreck (not all seizure activity is that clear.)
- Your family knew that you intended to drive on the occasion in question.
- Your family was in a position to legally prevent you from making the decision to drive on that occasion (that is REALLY hard to prove).

Now, with that said, if you know that you are at risk of having a seizure which could cause you to get in a wreck, and you choose to drive anyway, that is utterly contemptible. The fact that your family is not responsible is irrelevant. The crux of the matter is that when a person (anyone) gets behind the wheel, they put everyone around them at risk. The matter is not that you are putting yourself at financial risk. The matter is that you could run over a child in a crosswalk, or whatever.

This is true of ANYONE who drives. We often forget this, but when we drive, we accept an enormous responsibility. Now, if I get drunk and decide to drive home, that is contemptible. Even though I will, by odds, probably make it home without hurting anyone, that risk is not mine to take. I am gambling with other people's lives just for my own convenience.

Similarly, if I have a known seizure condition and I choose to drive, the financial liability should be the furthest thing from my mind. The fact that I am putting other people in inordinate danger for my own convenience - this is morally unforgivable, regardless of the outcome.

So, I am not passing judgment on your particular circumstances since I know nothing about them. However, I would suggest that you are asking the wrong question. The more salient question would be whether you have the moral right to put others at risk by driving, knowing that you are prone to have a seizure which could cause a wreck.

Speaking for myself, though I have a generalized seizure about every 4 weeks these days, if it was just my risk to take, I would still drive. That is, I would accept that risk if I was the only person who could be harmed. I know enough about my seizure onsets that this would be an acceptable risk for me since the benefits would outweigh the risks. However, that is not the case. If I get behind the wheel, I put everyone around me at risk, and I do not have the moral right to take that risk.

It is the same as drunk driving. If a drunk driver were only risking his/her own safety, then there would be no problem. But, that's not the case.