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Is there a need for an attorney .one that specializes in medicine and negligence in regards to diving with disabilities and Rx

Newburgh, NY |
Filed under: Professional ethics

how and what determines proof/guilt or whatever term you call it in the case of motor vechicle accidents(MVA) in a recent discussion ,a family member was requested not to drive by their doctors,even though they still have a valid CDL(commercial drivers liscence )exp. 2011 class B M(straight truck and mc with hazmat,airbrake,tank,and passenger endorsements).dosnt drive for a living anymore ,their on full medical disability,no tickets,points,ins co safe driver discounts,passed recent drivers recertification eval test w/ written/typed letters/documents
stating ok to still operate mv. just drives car and mc with sidecar
last doctor told his wife last week she could lose everything, if that person had an MVA driving with PD(parkinsons disease)and was sued ,resulting in a death,pers.injury

Attorney Answers 1

Posted

If a person drives with an untreated medical condition that creates a danger for others then that person would be responsible for a collision caused by that condition. For example, if someone faints on a regular basis, and then gets behind a wheel of a car and faints, whoever they hit would be able to recover against them.
A valid CDL requires a current medical card to prevent just this sort of a collision. It sounds like the doctors wont give a clean bill of health for the card even if the state license has yet to expire. The regulations on driver medical requirements can be found in the FMCSR's governing CDL's and are easy to find on the web. In short if the Doctor's are competent, everytime your family member gets behind the wheel they are endangering themselves and everyone else on the roadway. The loss of mobility may be painful, but a loss of life will be more so.

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