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NFT: Legal Question - Driving with Disabilities

Mark from Jersey : 2/23/2017 8:37 pm
Assume someone was driving with a valid drivers license and any required insurance, but had a major disability or disabilities, and is involved in a major car accident that results in significant injuries to both parties involved. Assume the disabilities could hinder ones ability to drive (neck, shoulder, and/or leg issues).

If the person with the disability or disabilities is found to be at fault for the accident, does the fact that they have disabilities allow for a plaintiff in a civil suit case to file for additional damages (more than just what would be typically covered by insurance)? Would the disabled drivers insurance even be valid and obtainable by the plaintiff given the drivers conditions?

In addition, would regular car insurance cover medical costs for the disabled individual involved in the accident? Could the insurance company claim the driver should not have been behind the wheel and fight any claim?

I have a family member with physical disabilities who is trying to get behind the wheel of a car again but I fear he is not ready. I also fear if he is involved in an accident he could lose the majority of his estate in a civil suit. My thinking is he will need his assets later in life for appropriate full time care and by being stubborn now sets himself up for financial problems and will limit his long term care options in the future.

Thanks for any input.

The question is did this disabled person  
Giant John : 2/24/2017 5:00 am : link
Obtain a valid DL with the disability? If so the state has deemed him/her qualified to drive a vehicle on the road. Also there must be complete transparency when this driver is added to or purchases an insurance policy. If information is not completely accurate that might be grounds to deny a claim in the future.
If the disability occurred after a liscense was issued that is a different matter and would have to be looked into.
Good luck.
Whether the person should be driving  
Matt M. : 2/24/2017 6:24 am : link
is a decision his doctor and the state should be making. I don't know what is involved in terms of obtaining a new license if permanently disabled, but that is something to look into.

As for protecting his assets, he should have an umbrella policy if this is a real concern. This holds true even without a disability.
Mark,  
Reb8thVA : 2/24/2017 8:28 am : link
I am a below the knee amputee on my right side. I have been since I was 16. I drive with an adaptive device that puts my gas pedal on the left. When I moved from NJ to Virginia, I had to have a DR fill out forms that I was safe to drive and I had to retake a road test so that the state of VA could see I was safe. Contact the state DMV tell them your concerns and they will instruct you what you need to do. And yes there are probably serious liability issues here.
a license gives them the right to drive  
Rocky369 : 2/24/2017 10:22 am : link
and obtain the insurance. Why would you think a victim would get to sue twice because someone is disabled?
Is this a recent disability,  
Mad Mike : 2/24/2017 10:31 am : link
which did not exist when he received his license? If so, and it's a legitimate impairment of his driving ability, then I'd think there could be significant liability if he does not get re-licensed by the dmv. If he has received a license from the dmv with the disability, I assume there would be no liability beyond what any driver would face. (All of this with the caveat that I'm not a lawyer).
Just for reference:  
MOOPS : 2/24/2017 10:59 am : link
NEW JERSEY: Licenses are renewed every four years, with no special provisions for older drivers.

All drivers are supposed to have their vision tested every 10 years, but the Motor Vehicle Commission concedes that program has never been fully implemented. Currently, it is piloting a program with eye-care professionals that would allow drivers to mail results of an exam to the agency.

Doctors are required to report certain health conditions to the licensing agency, but other people also can report possibly unsafe drivers of any age for a review.


NEW YORK: Licenses last eight years, with no special provisions for older drivers.

The Department of Motor Vehicles can re-evaluate a driver of any age based on a specific reason, such as a driving incident or action reported by a doctor, police officer or observer. It also can restrict licenses to such things as daylight driving only.
Link - ( New Window )
The DMV in most states will have a medical review board  
Greg from LI : 2/24/2017 11:01 am : link
They are the arbiters of whether or not a medical condition is disqualifying.
Is the disability being blind?  
pjcas18 : 2/24/2017 11:05 am : link
may need to wait for those self-driving cars. Medicine and technology have done remarkable things, but blind people driving might be tough for tech to solve until self-driving cars have the wrinkles ironed out.

But the drive up ATM's are already equipped with braille so he/she's got that going for them.

now that I think about it...self driving cars really could help out a part of society many people don't think about helping. people with disabilities and drunk drivers.
my Uber driver on Tuesday  
UConn4523 : 2/24/2017 11:11 am : link
was deaf. His ailment was actually uploaded in the app to notify the passenger. I had no problem with it. When he picked me up he held up a sign stating his ailment and how to interact with him if need be.

He has a license, which was then verified by Uber, so I couldn't imagine being able to sue him specifically if something happened.
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