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Home / California Car Accident Attorney / Car Accidents Involving Disabled or Handicaped Drivers
Like every other state in the country, California allows people with disabilities to obtain a driver’s license as long as the disability doesn’t infringe on the safety of operating a vehicle. There are also cases where drivers are issued licenses with certain restrictions on their driving privileges, including those with disabilities or even teenagers.
A disabled driver is identified as an individual who is not capable of operating a motor vehicle safely without having to use special accommodations. For example, a driver does not have full use of his or her legs. He or she must use a type of hand control that is installed in the vehicle instead of pedals. Usually, a driver’s disability is printed on their driver’s license.
On the other hand, a restricted driver is an individual who has been given a limit on their driving privileges. As previously mentioned, teen drivers fall under this category, along with those who are required to wear corrective lenses for safety purposes. Similarily to the disability print on a disabled driver’s license, a restricted driver will also have their restricted status noted on their driver’s license.
Being disabled and/or having a restricted driver status doesn’t usually have an impact on a car accident claim. There are, however, a few specific exceptions. In this article, we will go over how car accidents involving handicaped or disabled drivers are dealt with under the law.
If you are a victim of a car accident and would like to pursue legal actions against the party at-fault for damages, our qualified Los Angeles car accident attorneys at West Coast Trial Lawyers are readily available to offer legal assistance. We will review your case to determine what necessary courses of action are needed to ensure you are given a fair settlement offer.
To schedule a free consultation at our Los Angeles personal injury law firm, please contact our 24/7 legal team by calling (888) 979-9356 or filling out our quick contact form.
Liability
Regardless of disabilities or being able-bodies, drivers are given an equal legal duty to follow the rules of the road. When a person operating a vehicle fails to act with reasonable care and ultimately causes injuries to someone else, including other drivers, pedestrians, or passengers, this person will be considered a negligent driver and will be liable for all damages they caused.
A driver’s actions that contribute to an accident are always measured based on what a reasonable individual would or would not have done if they were put in the same situation.
In addition to obeying traffic laws, all drivers are required to have a duty of care towards the people they share the road with. They must be aware of everything that surrounds them, such as other vehicles, traffic control devices and signs, pedestrians, and among many other factors. For example, if a driver does not notice a hazard that is in plain sight, or is unable to see for whatever reason, and a collision occurs, there’s a pretty big possibility that they will be found negligent and hence liable.
Qualifications to Operate a Motor Vehicle
The Department of Motor Vehicles (DMV) uses several qualifications to determine whether a driver has the necessary physical and mental skills to safely operate a motor vehicle. The following identifies what the DMV will take into consideration when assessing drivers for problems that may affect their ability to drive safely:
A driver’s license is awarded to a driver who has shown proof that they have the physical and mental abilities to use a car in a safe manner. This includes people with disabilities or with restricted licenses. In the event that a driver with a disability gets into a car accident they are at-fault for, the standard rule of negligence would become effective in order to determine the amount of liability the driver will be held accountable for.
Furthermore, disabled drivers are required to follow restrictions that are placed on their driving privileges. Failure to do so would most likely be a violation of traffic law. Let’s consider an example: Jenny is a disabled driver who requires special assistive equipment in order to operate her car. If she fails to use that equipment, or fails to properly maintain it, and this plays a part in causing an accident, Jenny would be issued a citation. In instances when there’s injuries, said citation can be used as clear evidence of the driver’s negligence. Her disability would play no part in this, in her favor nor against her.
To reiterate one final time, when a person with a disability or handicap is allowed to have a driver’s license, they are assuming the responsibilities every other driver is obliged to follow under traffic laws. Had they been deemed to not have the physical and mental capabilities to operate a vehicle, they wouldn’t have been awarded driving privileges.
Available Damages
If you were injured in a car accident that was caused by another driver, you have the right to obtain compensation for your losses. Car accident victims may be entitled to damages for:
Depending on the specific circumstances of the accident, you may be entitled to punitive damages. Punitive damages are awarded on top of the normal compensatory damages you may already be entitled to. They are only awarded when the defendant deliberately tried to cause a plaintiff harm or behaved in a particularly egregious manner, such as driving under the influence or after a hit and run.
West Coast Trial Lawyers Is Here to Help
If you have sustained injuries as a result of another driver’s carelessness, you have the right to hold that driver responsible. Our Los Angeles car accident attorneys at West Coast Trial Lawyers will help you recover compensation for the losses you have suffered, including medical bills, property damage, lost wages, and pain and suffering.
Contact us today by calling (888) 979-9356 or filling out our quick contact form to schedule a free consultation with our experienced, caring, and compassionate legal team.
If you have been injured in an accident, you can count on the legal team at West Coast Trial Lawyers to fight for your rights every step of the way. Contact us today to schedule your free case evaluation with a personal injury attorney.
An accident can dramatically change your life in an instant, leaving you scared, frustrated, and uncertain where to turn to for help. West Coast Trial Lawyers is an experienced law firm committed to helping you every step of the way. Client satisfaction is our first priority and we are proud that our clients have ranked our firm as the number one personal injury law firm. 1 We are first-rate trial attorneys who will provide you with the focused representation needed to secure a just recovery in your case. Our personal injury lawyers combine extensive courtroom experience with an aggressive mindset to help you secure the compensation that you deserve.
Our personal injury lawyers know the lengths big insurance companies will go to limit the amount of money they have to pay to injury victims and we are prepared for the fight. We have worked at the largest and most powerful law firms in Los Angeles. Neama Rahmani, our president and co-founder, also served as a federal prosecutor with the United States Attorney’s Office and Enforcement Director at the Ethics Commission. Our tough and talented litigators understand how insurance companies operate and are prepared to stand up to them at every stage of the process. We believe that everyone is entitled to justice and we work aggressively to help you receive the financial compensation and support you need on your road to recovery.
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