Personal Injury Attorney in Louisville, KY Assists you Handle ADHD Car Accident Suit
An increasing number of individuals have been diagnosed with Attention Deficit Hyperactivity Disorder (ADHD). ADHD is a recognized medical condition, and the number of patients diagnosed has been increasing since early 1990.
Some of the main symptoms associated with ADHD is an inability to focus, and impulsive behavior. Due to the rise in cases of ADHD, researchers have been focusing efforts on how ADHD affects a person’s driving abilities. In a released report, it turns out that researchers have found that ADHD could dramatically impair a person’s driving.
How Does ADHD Affect a Person’s Driving?
When ADHD is not treated, it may be dangerous for motorists. Not only do those with ADHD have an inability to focus, but they may have hyperactivity – which leads to impaired judgment, heightened willingness for risk taking, and more. These behavioral issues may be the reason why those with ADHD have a higher risk for accidents. These same behavioral changes associated with ADHD are also why drivers must take extra precaution when operating with their condition.
ADHD Does Not Excuse Liability
If someone causes a car accident, he or she is liable for the damages and injuries caused. While a person could try to use his or her medical condition as an argument to escape liability, having a condition that increases the chances for an accident does the opposite. The argument that ADHD or any medical condition is an excuse for liability helps the plaintiff’s case.
Car accident claims are based on negligence; therefore, someone operating a vehicle with a condition that affects the ability to drive safely is considered negligent. If the individual has ADHD, but is not taking the medication, he or she may also be considered negligent under the law. But, there is an exception to this rule: If someone has a medical condition that causes the accident, but he or she is unaware of that condition, then liability may be excused. If someone, for example, has a heart condition that he or she is unaware of, which leads to a heart attack and car accident, then the driver did not know about the risk for a heart attack. Therefore, in this case, he or she is not liable for the accident.
ADHD is typically diagnosed in adolescent years; therefore, it is unlikely that someone would make it to adulthood having never been diagnosed. However, it does happen. So, if the person did not know that he or she had ADHD, the individual may have a viable defense to negligence-based claims.
Injured in a Motor Vehicle Accident? Contact an Attorney to Explore Your Options
If you or a loved one was involved in an accident caused by a driver’s medical condition, it is imperative that you speak with an attorney. In most cases, the driver’s condition is no excuse, but there are instances where a driver has a valid defense. Contact an attorney at Gladstein Law Firm, PLLC today to explore your options.
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