Most people assume that legal liability for an accident is easy to determine. If there are two drivers in an accident, it must be clear which one is to blame. However, what if one of the individuals had an unforeseen medical emergency that rendered them incapacitated and led to an accident? Who is liable if one driver loses control of their vehicle due to medical causes outside of their control? While you may sympathize with the driver who suffered a medical emergency, the situation makes the question of liability orders of magnitude more difficult to determine.
Seizures and driving are one instance in which this issue would arise. When an individual is suffering a seizure, they may lose control of motor function, mental awareness, or even consciousness. If an individual experiences a seizure while driving, they may not have time to react to the onset of the seizure and pull over safely. This is one reason why seizures and driving can lead to accidents. These accidents can open up larger conversations about the safety of the individual being permitted to drive, the liability for the accident itself, and the steps the individual could have taken to prevent the accident.
An experienced Missouri car accident lawyer from Steelman Gaunt Crowley may be able to help clarify liability in an accident caused by seizures and driving. Consider scheduling a free consultation today by calling the office at (573) 341-8336 for details.
Types of Seizure Disorders
Seizures themselves are not a distinct medical condition, rather, they are a symptom that may arise from several different diagnoses. These various diagnoses often come with different side effects and triggers that could cause a seizure while driving. As such, determining the nature of the seizure disorder may shed light on the liability of the individual for the accident. Seizures and driving are a dangerous combination, but the onset of these seizures could be random and unpredictable, or present signs early on that allow an individual to prepare for them.
Epilieptic
One of the more common forms of seizure-related disorders is called epilepsy. Epilepsy is generally caused by irregular electrical impulses in the brain, which can lead to various kinds of seizures. According to the Centers for Disease Control, there are numerous kinds of seizures that can bring with them various symptoms. These may include focal seizures and generalized seizures, the latter of which includes motor and non-motor seizures. The type of seizure experienced may influence the outcome of a situation involving seizures and driving.
Psychogenic Non-Epileptic Seizures
However, epilepsy is not the only cause of seizures, although it is more commonplace and well-known. Some individuals may also experience psychogenic non-epileptic seizures, which are seizures brought on by psychological stress. These often arise in cases of trauma, mental stress, abuse, or a heart condition or other metabolic disorder. The fact that these do not arise from a biological cause does not make these seizures any less real, as they often carry the same symptoms and reactions as epileptic seizures. Psychogenic non-epileptic seizures and driving can be just as dangerous as epileptic seizures and driving.
For more detailed information on types of seizures and driving, consider speaking with a skilled Missouri car accident attorney from Steelman Gaunt Crowley.
Driver’s License Eligibility for Individuals with Seizure Disorders
Some states have certain laws restricting the licensing of individuals who are prone to seizures. If the driver is unable to predict or control the onset of their seizures, as many individuals are, it may be unsafe or imprudent to get behind the wheel of a vehicle. In Missouri, there is no set statute restricting epileptic or seizure-prone individuals from receiving a driver’s license, nor is there a concrete seizure-free period required for these people. However, at the discretion of the DMV or the recommendation of a physician, an individual’s license may be denied if they are deemed to be unsafe. Seizures and driving could lead to serious accidents or even wrongful death, and the DMV reserves the right to protect individuals on the road if it seems that the individual may be a danger to themselves or others due to medical incapacity.
Physician Reporting
Additionally, physicians are allowed to report concerns for a driver based on a seizure disorder and are protected by law in doing so, according to the Missouri Department of Revenue. If a doctor or physician believes that a seizure disorder makes a driver unsafe on the road or at risk of an accident, they can report this information to the DMV without fear of retaliation. However, they are not required by law to make this report. The doctor’s discretion is the key determining factor, not governmental mandate.
Accidents Caused by Medical Emergencies
However, even with these safeguards and knowledge in place, there remains the issue of liability for car accidents caused by seizures. In essence, the question boils down to a determination of the individual’s ability to predict or prevent the seizure. For example, if the seizure-prone individual knew or could have predicted the onset of their seizure and still got behind the wheel, they may be held liable. Additionally, if they could not predict their seizure but knew they were prone to seizures, choosing to drive anyway could be seen as an act of negligence.
Act of God Defense
One defense against liability for a car accident caused by a medical emergency is the Act of God defense. According to the Missouri Revisor § 227.552, an “Act of God” is defined as an event, usually catastrophic, that is both unforeseeable and unavoidable. This is often applied to natural disasters such as floods or earthquakes, but could also be used in defense of a car accident caused by a seizure. If the seizure is determined to be equivalent to an “Act of God,” in that it was not an event that the individual could have predicted or avoided, they may not be held liable for the accident.
FAQ
Q: Can seizures cause car accidents?
Yes. A seizure while driving — which may cause loss of consciousness, impaired motor control, or loss of awareness — can lead to an accident, because the driver may suddenly be unable to steer, brake, or react.
Q: Are people with seizure disorders allowed to drive?
It depends. In some places, drivers with seizure disorders may obtain or keep driving privileges — but only under certain conditions (for example, having a stable seizure‑free period or medical clearance). Medical professionals and licensing authorities sometimes evaluate whether the person is fit to drive safely.
Q: If someone has a seizure while driving and causes a crash, can they be held liable?
Yes — liability depends on whether the seizure (or risk of seizure) was predictable or known. If the driver knew they were prone to seizures (or had been advised not to drive) and still chose to drive, that may be considered negligent. In those cases, they can be held responsible for the accident.
If the seizure was truly unforeseeable (for example, first occurrence or no prior warnings), then the driver might claim that it was a sudden medical emergency beyond their control — which could affect liability determinations.
Q: How do different seizure‑types and seizure‑history affect risk & liability?
Seizures that impair consciousness, motor control, or appear unpredictably (without warning signs) create higher risk of serious accidents. Drivers with a history of seizures — especially recently or uncontrolled — are often viewed as higher risk for crashes if they drive.
If the driver had a long seizure‑free period, a reliable “aura” (warning signs), or their seizures were well‑managed, risk and liability may be lower under some circumstances.
Q: What responsibility do medical providers or licensing authorities have?
In some jurisdictions, medical professionals may have the option (or duty) to report a patient’s seizure disorder to the licensing authority if they believe the condition makes driving unsafe. Licensing authorities may then deny, suspend, or restrict the driver’s license. Whether or not such reporting happens can influence legality and liability.
Speak with a Missouri Car Accident Attorney Today
Seizures and driving can lead to devastating accidents that may not be avoidable or foreseeable. While in an ideal world, individuals with epilepsy or other seizure disorders would be able to receive accurate diagnoses to prepare for episodes and receive safe transportation, whether in their vehicles or otherwise. However, accidents still happen. Understanding how seizure disorders work and the implications they have on seizures and driving may help clarify liability in a medical emergency related vehicle accident. A skilled Missouri car accident lawyer from Steelman Gaunt Crowley may be able to evaluate your accident claim. Consider scheduling a free consultation by calling (573) 341-8336.