We’ve heard all the statistics about driving while under the influence of drugs or alcohol, driving while drowsy, even driving when texting. All of these are likely considered to be negligent in a court of law if you cause an accident. But if you suffer from allergies or have the flu, would driving while sick be deemed negligent behavior?
This question may be especially relevant as we deal with the COVID-19 crisis. People exhibiting symptoms are more motivated than usual to get to a hospital or testing center to get a diagnosis – when in the past, they may have just stayed home.
The answer is fairly straight-forward. If you get behind the wheel in any condition which may affect your ability to be alert and attentive, then you could be considered negligent. So if you have a fever, a headache, are sneezing or coughing, or are under the influence of OTC medication, it is best to get a friend to drive for you.
Many are Guilty of Driving While Sick
Recently, researchers installed black boxes in test vehicles and found that sick motorists experienced a 50% decrease in concentration. This means their alertness is decreased, their reaction times are diminished. And while you may not think it dangerous to get behind the wheel if you are sneezing, the same study equated being sick with having 4 drinks in your system. Unfortunately, it gets worse. According to flu.gov, up to 20% of people of the population gets the flu each year, and 40% of them admit to driving while under the influence of influenza. In Florida, many people (especially those who are new to the state) have allergies, and the sneezing and watery eyes can be deadly on the road.
In fact, a single sneeze can keep your eyes off the road for up to 3 seconds. A couple of subsequent sneezes, and you have lost visual for 5 seconds or more. Sneezing is unvoluntarily, and a random sneeze from air conditioner dust often cannot be avoided. This is why it is so important to maintain a safe distance from all other vehicles, be aware of your surroundings, and follow all traffic laws and speed limits. Being in total control when a sneeze sneaks up on you can make the difference between a safe journey and a crash.
But Are You Negligent?
If it can be proven that you were sick and willingly got behind the wheel of a car, you may indeed be found negligent and be held at fault for the accident. Therefore it is always better to ask a friend or family member to drive you to the doctor’s office. In a serious situation, you can call 911 to get you to the hospital safely.
One clear sign of negligence would be driving under the influence of cold medication or pain killers. Both of these medications can cause marked drowsiness, confusion, bleary eyes or more. Driving an automobile while under the influence of any drug, even OTC drugs, could land you in hot water if there is an accident. You may even cause injury or death. It simply isn’t worth the risk.
If you have been involved in a car accident and suspect that the other party was “driving while sick”, call the law offices of Probinsky & Cole for advice. We will go through and review the facts. And should we determine that you have a case, we’ll help you get all the information you need to file a claim or lawsuit, whichever is more appropriate. Although people can’t help getting sick, they can refrain from putting others in danger. Call us today for more information.
