Everyone likes to live independently without having to depend on anyone else. This includes disabled people as well, who can drive using vehicles with medications for their disability. Having reliable transportation, which you can drive whenever you like, is essential to living an active and productive life. However, what to do if in case you get involved in a Florida car crash? Who becomes liable when a disabled person is at fault for the car crash?
Cars with modifications to accommodate individual disabilities serve as a lifeline for disabled people. However, once they get behind the wheel, they are under the same obligations to obey traffic laws and drive responsibly and safely as other drivers on the road.
Who Will Be Liable for the Florida Car Crash?
If a disabled driver in a modified vehicle causes an accident, they will be liable for any damages caused just like any other driver. However, note that having a disability would not make the disabled driver more accountable in the Florida car crash.
Let’s learn about disabled people and their responsibility for being involved in a car crash in detail.
Who Is a Disabled Driver?
A disabled driver is someone who is unable to safely operate a motor vehicle without having some type of special accommodation in their car. For example, a driver who cannot use their legs fully might need some hand controls in their vehicle, in the place of pedals. Choosing the right kind of vehicle is imperative as slight differences in the shape and size, such as doors or seats, can make a huge difference.
Additionally, disabled drivers also need to have their disability status noted on their drivers’ licenses. A restricted driver has some type of limitation placed on their driving privileges. Some of these common restrictions include wearing corrective lenses to drive safely.
Drivers in certain states who are under the age of 18 are not allowed to have minor passengers in their vehicles or are restricted to drive during certain times. The restrictions of these drivers are usually noted on their driving licenses.
How Is Fault for a Car Accident Determined:
As mentioned above, all drivers have a legal duty to obey the traffic laws. They must drive safely in a non-negligent manner. Negligence would mean that a driver has failed to act reasonably and has caused a breach of care leading to injury and damages to another driver, a passenger, or a pedestrian.
Negligence is based on a reasonable person standard. A driver’s actions – irrespective of them being disabled – when involved in a car crash are measured against what a reasonable person would have done. A driver who swerves from this reasonable person standard is likely to be at fault for the car accident.
Apart from their duty to obey the traffic laws, all drivers have must be reasonably aware of what is around them, including other pedestrians, vehicles, traffic control devices, and the like. According to the general rule, if any driver fails to notice what is plainly there to be seen, resulting in an accident, that driver will be found negligent.
Disabled Status and Car Accident Liability:
Any driver who has received a license has proved that they have the physical ability to drive a car safely. So, according to the law, the disabled driver will be treated just like any other driver. In case the disabled driver is involved in a traffic accident, the standard rule of negligence will also apply to them to determine the extent of the driver’s accountability.
Nevertheless, usually, there is at least one additional factor to consider when the potential negligence of a disabled driver is assessed. Since disabled drivers are obliged to abide by the restrictions placed on their driving privileges. Their failure to do so will always violate a traffic law, amounting to textbook negligence.
Moreover, if a disabled driver is required to utilize certain assistive equipment to operate a vehicle, they may fail to use that equipment or maintain it, and the failure might cause an accident. In that case, a traffic citation will undoubtedly be issued. People who will be injured in that accident will be able to use the citation as evidence of the disabled driver’s negligence and get compensation for their damages.
Have you been involved in an accident where a disabled driver was at fault? Get a lawyer’s help immediately to determine who was at fault and get your rightful compensation for the Florida car crash you experienced. At Florida Lawyers 360, we have the best lawyers on boards to fight for your case and you the best outcome.