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Liability Issues for Driving With ADHD

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By George Khoury, Esq. on November 29, 2016 3:00 PM

Attention Deficit Hyperactivity Disorder, better known as ADHD, is a recognized medical condition that has seen a rapid rise in the number of annual diagnoses since the early 1990s. Among the primary symptoms sufferers experience is an inability to maintain focus, or attention, as well as impulsiveness.

Since the rise in the number of diagnosed cases, researchers have turned their attention to how ADHD affects drivers. Shockingly, researchers have found that young drivers who have ADHD are more likely to get in a car accident than drunk driving adults.

ADHD and Driving

ADHD, if left untreated, can be rather dangerous for drivers. In addition to the inability to maintain focus, those who suffer from hyperactivity may also suffer from impaired judgment, or decreased risk aversion. This may correlate with the higher accident rates of those with ADHD. The combination of these factors requires drivers with ADHD to take special precautions when they are out on the road.

No Escape From Liability

When a person causes a car accident, they usually will be held liable for the damages they cause. Although a person with a medical condition may want to try to argue that the accident was caused as a result of their condition, this is usually not a winning argument. Generally, car accident and injury cases are brought as negligence cases, and as such, this type of excuse only bolsters a victim's negligence case.

However, if a driver is unaware of a medical condition and causes a car accident as a result of the condition's sudden onset, then liability may be questionable. Under the law, generally, the question is whether the condition's sudden onset was foreseeable. For instance, an otherwise healthy person who has a sudden heart attack while driving may be able to avoid liability as the heart attack was not foreseeable. However, a person will not be able to avoid liability if their condition and symptoms are known and/or foreseeable, such as a diabetic that simply forgot to take their insulin or check their sugar levels before driving.

If you are involved in a car accident and you believe ADHD may be a factor, speak to an experienced personal injury lawyer right away.

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