Driving a car can be a challenge under the best of circumstances. Between traffic, unruly drivers, bad weather, and a host of other factors, driving from one place to the next can test even the most patient and attentive driver. When the driver is someone who suffers from attention deficit hyperactivity disorder (ADHD), driving can become even more of a challenge.
ADHD is a brain-based syndrome and recognized medical condition that is characterized by its sufferers’ inability to remain focused or pay attention, failure to regulate executive functioning skills, and a propensity toward impulsiveness. While the condition presents many challenges under regular circumstances, such challenges become more difficult, and even dangerous, when you add driving to the mix. If a person with ADHD gets into a car accident, the question of how their medical condition will affect their liability inevitably will arise.
Driving with ADHD May Be Dangerous
A recent report published in the US National Library of Medicine National Institutes of Health showed that people with ADHD have a higher risk of causing an accident than people without the condition. If people with ADHD have issues navigating their day-to-day lives, their condition most likely will make driving much more difficult. There are certain characteristics of ADHD that make driving difficult. Such characteristics include:
- Impulsiveness, which may lead the driver to act dangerously when in a stressful road condition
- Inability to focus, a symptom that can make it hard for the driver to pay attention to road signs or cues from other drivers
- Difficulty assessing potentially dangerous situations on the road, putting the driver, other drivers, and pedestrians in danger
People with ADHD need to be more careful when they are driving. In addition, they should understand that they have a higher risk of making a mistake while driving due to their condition.
Most Drivers with ADHD Can Be Held Liable
Due to the types of symptoms that accompany ADHD, you may assume that you won’t be liable if those symptoms cause an accident. Nothing could be further from the truth. The fact that you know you have these symptoms could possibly be used as an argument against you. The other party could argue that if you knew you had these ADHD symptoms, you shouldn’t have been driving anyway. The fact that you drove willingly could be viewed as negligence.
Some Drivers with ADHD May Not Be Held Liable
While people who knew they had ADHD are usually found liable for accidents that they cause, some ADHD sufferers may be able to argue that they aren’t liable for an accident they caused. This most likely will be true if the person who caused the accident was not aware that they had ADHD. People who cause an accident due to an undiagnosed medical condition may be able to prove that they aren’t liable because they did not know about the condition. People in this situation would benefit from having top car accident lawyers on their side who know how to protect their rights.
Contact an Experienced California Car Accident Attorney at Setareh Law
There are key issues at stake when someone with ADHD gets into a car accident. Even if the person with ADHD didn’t cause the accident, their diagnosis could be used against them. If there’s a question as to who caused the accident, the ADHD sufferer’s condition could be blamed. You need to work with a legal team that understands the liability issues that ADHD sufferers face.
At Setareh Law, we have ample experience representing and protecting our clients from all sorts of legal issues surrounding medical conditions and liability. To schedule a free case evaluation, you can call (310) 659-1826 or reach out to us via our contact form.