Did you know that there are regulations regarding whether an operator driving a car or truck is considered impaired if the person is wearing a cast on his leg? This seems only logical, but let’s drill a little deeper. Would you be surprised to find out that these rules may apply to a driver who is wearing an arm cast, or a temporary leg boot? If you are in an accident with a person who is in this situation, you will want to know what that other driver’s liability is towards your accident – and fast.
The Federal Motor Carrier Safety Administration (FMCSA) makes general recommendations regarding a driver’s ability to be on the road, per a medical examiner’s based decision on the topic. These recommendations are considered different from codes, laws and regulations regarding whether a person can drive with an impaired limb. To get information on the laws in your state, you will want to speak to an attorney who is an expert at liability in accident situations.
For example, the FMCSA states that a person is qualified to drive a commercial motor vehicle if the person does not have the loss of a leg, foot, hand, or arm. There are situations where a person may feel comfortable driving with a cast on the left foot, or a brace on the left leg. Although the person feels “okay” driving, even short distances, it stands to reason that the cast or brace may be considered an impairment on that driver. This means that the driver is operating a vehicle “impaired,” and might be driving in an unsafe condition.
The same would apply to a person similarly impaired with a brace on the left hand or arm. Would a person be considered driving as impaired with a cast on the left side of the body? The question might be asked since this is the opposite leg that is working the gas and brake pedals, for instance. These are questions that need to be asked and answered, to determine liability for an accident with a person who is potentially impaired.
You know that the next question will be: what if a person is similarly impaired on the right side of the body, with a cast or brace on the right hand, arm, leg or foot. Since many people are naturally right handed, and the right foot controls the gas and brakes in a car, it may make a difference when determining liability for an accident if a driver is in this situation. You have a right to get the answers to these questions, and have a solid determination regarding who is really at fault.
If a car has been specially adapted because the person driving it has had to wear a cast, has a permanent impairment or otherwise has limited use of limbs, you will want to know your rights and know what the law says regarding the other person’s liability in an accident. Call Ledger & Associates at 1-800-300-0001 or email us at www.ledgerlaw.com for information and an evaluation, if you find yourself in this situation. The law in these areas can be complex, and you will want the answers to what your rights are, if the other driver that hit you is impaired because of a brace or loss of limb. Call us today for answers.
