WE’RE AVAILABLE 24/7
WE’RE AVAILABLE 24/7
Epilepsy is a brain disorder that causes chronic seizures. The disorder presents in very different ways between patients, with some having predictable or preventable seizures and others having no clear cause for the condition.
The disruptive nature of seizures makes driving with epilepsy dangerous for some. However, many individuals with epilepsy can drive safely and consistently in compliance with state laws.
Epilepsy affects roughly 1.1 percent of the adult population of the United States and about 65 million people across the world. Anyone can develop epilepsy, but it’s most common in children and seniors, with roughly 1 million adults over 55 and more than 450,000 minors in the U.S. having the disorder.
Epilepsy can come in many forms and has different effects on each patient. However, roughly 70 percent of people with epilepsy can successfully manage their seizures with medication.
Epilepsy has a broad variety of causes, including other health conditions that impact the brain. Conditions that can cause or contribute to epilepsy include:
Pinpointing the source of epilepsy can help patients avoid seizures and better manage their condition. However, in many individuals, epilepsy doesn’t have a specific cause.
Each state has different laws regulating when and how people with epilepsy can drive safely and legally. For example, in Texas, an individual must have a three-month period free of seizures to obtain their driver’s license. Additionally, applicants must have their disorder well-controlled and have a doctor’s recommendation stating they can drive safely.
Those with a history of epilepsy are generally not allowed to drive commercial vehicles like taxis, buses, trucks, or ambulances but can apply for an exception if they have been seizure-free for a significant period of time. Federal exemption requirements include eight years without seizures and, if the applicant needs medication, a treatment plan that has been stable for at least two years.
In Texas, an individual must have
3 Month Period
free of seizures and
8 Years
Federal Requirement
free of seizures (for commercial vehicles)
to obtain driver’s license.
Epileptic seizures may be categorized as “generalized” or “focal,” with the latter beginning in a specific part of the brain. Generalized seizures tend to cause a loss of consciousness and involuntary muscle spasms. Focal seizures begin with less severe symptoms but can progress into a similar loss of bodily control.
Some individuals with epilepsy report experiencing an “aura” that precedes a seizure. Auras are unusual feelings or experiences, such as tingling, hallucinations, or other odd sensations typically associated with focal seizures. If you feel an aura, avoid driving until your symptoms fade.
Experiencing a seizure while driving can have disastrous consequences. However, driving after a seizure can also raise your risk of getting into an accident. Lingering symptoms like fatigue and memory problems can affect your ability to drive safely, potentially endangering yourself and others.
If you experience a seizure while driving, you should pull over and stop in a safe location immediately. Contact emergency services once you’re safe.
After the incident, schedule an examination with your doctor to ensure you can still meet the legal requirements to drive safely with your epilepsy. In the meantime, do not drive for at least three months.
If you experience a seizure while driving, you should pull over and stop in a safe location immediately. Contact emergency services once you’re safe.
It can be difficult to assign blame when a driver with epilepsy is involved in a crash after experiencing a seizure. Drivers are generally considered responsible for managing their own health and behaving in a manner that does not expose others to danger, but depending on the circumstances of the accident, a driver may be able to avoid liability for a crash involving a seizure.
Liability is most clear when the driver knows about the severity of their epilepsy and ignores their doctor’s warnings that it is unsafe for them to drive. This can be considered negligence, as the driver recklessly endangered others through their behavior.
If the driver’s doctor cleared them to drive safely under their treatment plan, failing to take medication as prescribed or avoid known seizure triggers could make the driver liable for the accident.
Seizure triggers can include fatigue, sleep deprivation, stress, dehydration, side effects of medication, dietary issues, caffeine intake, and more. If the driver’s triggers were avoidable or within their control and they drove anyway, they may be clearly liable.
If the driver was not diagnosed with epilepsy or had no prior history of seizures before the incident, they may not be liable for the crash. The incident could be considered a sudden or unforeseeable medical emergency, placing the accident out of the driver’s control and absolving them of liability for any injuries.
If you were injured in a Houston car accident, attorney Joe Stephens can help you understand your legal options. Our firm is dedicated to protecting the rights of accident victims, including those with epilepsy, and will fight tirelessly to get high-value case results for our clients. Contact us online or call (281) 201-0035 today to schedule a free case review.