Seizure-Related Crashes in New Jersey: What You Need to Know

Car accidents caused by medical emergencies, including seizures, present unique legal and liability challenges. Seizures can happen unexpectedly, leaving a driver momentarily unable to control their vehicle. When such incidents lead to crashes, victims often have pressing questions: Who is liable? Can a driver with epilepsy be held responsible? What legal options are available for those injured?

This blog will cover the risks of seizure-related crashes, liability considerations, New Jersey’s legal requirements for drivers with medical conditions, and what steps to take if you are involved in such an accident.

Understanding Seizures

A seizure is a sudden and uncontrolled electrical disturbance in the brain, which can cause changes in behavior, movement, or consciousness. There are various types of seizures, ranging from mild absence seizures (brief lapses in awareness) to tonic-clonic seizures (which can cause loss of consciousness and severe convulsions).

Seizures can be caused by numerous medical conditions, including:

• Epilepsy
• Traumatic brain injuries
• Stroke
• Brain tumors
• High fevers or infections
• Low blood sugar (hypoglycemia)
• Drug or alcohol withdrawal

For individuals with epilepsy or other seizure disorders, New Jersey law imposes specific restrictions regarding driving privileges to ensure public safety. It is essential for individuals who experience seizures to work closely with their healthcare providers to manage their condition and assess their ability to drive safely.

Risks of Seizures While Driving

Seizures behind the wheel can be extremely dangerous because they may cause:

• Loss of consciousness
• Inability to steer or brake
• Uncontrollable jerking movements
• Confusion and disorientation post-seizure
• Failure to respond to road conditions or hazards

A seizure-related crash can result in severe injuries, including:

• Head trauma
• Broken bones
• Spinal cord injuries
• Internal injuries
• Fatalities

Due to seizures’ unpredictable nature, New Jersey has medical qualifications for driver’s licenses to help mitigate these risks.

New Jersey’s Medical Requirements for Drivers

Under New Jersey Motor Vehicle Commission (MVC) regulations, individuals diagnosed with epilepsy or seizure disorders must:

• Be seizure-free for at least six months before obtaining a driver’s license.
• Provide medical documentation from a physician verifying that their condition is controlled.
• Submit periodic medical evaluations as required by the MVC.

Failure to comply with these requirements can lead to suspension or revocation of driving privileges. New Jersey enforces these regulations to protect both the driver and the general public from preventable accidents caused by uncontrolled medical conditions.

In some instances, drivers may have their licenses reinstated after demonstrating medical stability for a significant period. However, if a driver who had their license reinstated later suffers a seizure-related crash, the legal consequences could be severe, including liability for any injuries or damages caused.

Who is Liable for a Seizure-Related Crash?

Liability in a seizure-related crash depends on several factors, including whether the driver was aware of their medical condition and whether they were compliant with New Jersey’s medical driving regulations.

Potentially Liable Parties:

1. The Driver – If the driver knowingly operated a vehicle despite a history of uncontrolled seizures, they may be held liable for damages resulting from a crash.
2. Medical Professionals – If a doctor failed to warn a patient with a seizure disorder about the risks of driving, they could be partially liable in rare cases.
3. The New Jersey Motor Vehicle Commission – If the MVC improperly issued a license without requiring medical clearance, liability could extend to the agency.
4. Vehicle Manufacturers – If a mechanical failure contributed to the crash, defective product liability laws may apply, holding the manufacturer responsible for any faulty parts or design flaws that led to the accident.

In some cases, a seizure may be considered an “unforeseeable medical emergency,” which could exempt the driver from liability under New Jersey law. However, this defense is only valid if the driver had no prior history of seizures or had been medically cleared to drive.

In cases where liability is unclear, expert witnesses such as neurologists, traffic accident reconstruction specialists, and medical professionals may be called upon to provide insight into whether the driver’s medical history should have precluded them from being on the road.

Can a Person With Epilepsy Be Liable for a Seizure-Related Crash?

The answer depends on whether the driver had prior knowledge of their condition and whether they followed legal and medical guidelines.

When a Driver with Epilepsy May Be Liable:

• If they failed to report their medical condition to the MVC.
• If they ignored medical advice not to drive.
• If they were non-compliant with prescribed seizure medication.
• If they misrepresented their health status on a driver’s license application.

When a Driver with Epilepsy May NOT Be Liable:

• If they had no prior history of seizures before the accident.
• If they were medically cleared to drive and had been seizure-free for six months.
• If the seizure was caused by an unforeseeable external factor, such as a sudden allergic reaction or head trauma at the moment of the crash.

New Jersey courts have ruled in past cases that liability may not apply if the driver suffered an unexpected seizure with no prior medical warnings. However, if negligence is proven, the driver may be responsible for damages.

A seizure-related crash may also lead to an investigation into whether the driver followed their treatment plan and attended regular medical evaluations. Courts may consider a history of missed medical appointments, medication non-adherence, or dishonesty about their health status when determining liability.

Consult with an Attorney

If you were injured in a seizure-related car accident, it is crucial to understand your rights and legal options. These cases can be complex, requiring medical records, expert testimony, and accident reconstruction to determine liability. Consulting with an experienced personal injury lawyer in New Jersey can help you navigate the legal process and maximize your compensation.

At Rosengard Law Group, we help victims recover compensation for:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage
• Emotional distress from the accident

Call Rosengard Law Group at (856) 284-6446 for a free consultation.