Medically Compromised Driver Hits Pedestrian

Episode Transcript

Speaker 1 (00:00):
It's at this point on Wednesdays, and this has become
a long standing tradition for over a decade. Now, we
present as the lawyer with Bruce el Shiner, Attorney for
the Injured, answering questions submitted by you. Maybe today you'll
get your question answered. We're about to find out. Actually,
would you please help me? Welcome to Bruce el Shiner,
Attorney for the Injured. Good morning, Bruce, Hey.

Speaker 2 (00:22):
Good morning Todd. How are you doing this beautiful morning?

Speaker 1 (00:25):
I can't argue with the pretty blue sky. I'm looking
at it outside the studio.

Speaker 2 (00:28):
Yeah, it's a little warm, but it's beautiful.

Speaker 1 (00:31):
It definitely is starting to feel more like summer, no
question about that. When we've got somebody else in our
spotlight today who is injured and has a really good question,
I this one, I don't know, but I'm sure you'll
have an answer for them. You're ready to listen to
the what they are asking.

Speaker 2 (00:49):
I'm really Todd, All right.

Speaker 1 (00:51):
Here we go. My brother was walking across Edgewater Drive
in the crosswalk near the Port Charlotte Beach Complex when
a driver turned left and hit him hard enough to
break his leg and shoulder. The driver's wife admitted to
police that her husband has been having seizures for months
but continues to drive anyway. The insurance company is trying

(01:13):
to claim that because he had a seizure during the accident,
he isn't responsible. My brother is in terrible pain, out
of work and facing months of rehab. Is there any
way to hold the driver accountable despite this medical excuse?
That's intriguing to me and I can certainly hear an
insurance company saying that. But is that, uh, is that

(01:35):
really true? Let's find out what do you think about this?

Speaker 2 (01:38):
Well, Todd, I don't think it's going to carry the
day as usual with insurance company. Oh good, but let
me let me back up. When you're driving your vehicle
and have an unexpected and unexpected is the keyword medical emergency, Okay,
you're not liable for what they have and you may cost. However,

(02:03):
if you are aware of a problem and drive anyway,
then you can be held response. So if you're driving
down the street and you've been in normal health and
you have a heart attack and cause of bad wreck,
you're not liable. The same thing as if you're driving

(02:24):
down the street, have normal medical condition and have and
have a seizure, you're not responsible. But if you've had
many seizures and you're aware of the problem and you're
still driving, and while you're driving you have a seizure
and cause injury or damage to someone else, you are.

Speaker 1 (02:44):
A response which is the right correct So.

Speaker 2 (02:48):
This person should immediately call an experienced personal injury attorney
and they should be able to make a good recovery
for them.

Speaker 1 (02:59):
You know, I'm kind of wanting to wag my finger
and and shame it that couple of things. Really the
insurance company, because they know this, they know the difference.
And second of all, this driver, having been informed by
I'm sure a doctor and knowing he's having seizures, should
never have been behind the wheel.

Speaker 2 (03:15):
Correct or you know that he could be on a
seizure medication. Uh huh that prevents him from having seizures, right,
and it would be permissible for him to be driving.

Speaker 1 (03:29):
But I would think it would be important, and I
don't know if there's any law behind what I'm about
to say, to know that the medication is controlling your
seizures before you just jump into the car again, that's
what I would think.

Speaker 2 (03:41):
Anyway, Absolutely, you should get a doctor's note saying that
he's now able to drive.

Speaker 1 (03:47):
There you go, that would be the right way to
go about it, all right. So it does seem like
the recovery is possible here, but it all hinges on
getting a professional involved. As you said right.

Speaker 2 (03:57):
Away, that is correct, pot all right, Bruce.

Speaker 1 (04:00):
I am so glad that we were able to offer
a positive, potential, positive outcome anyway to what is seemingly
a pretty sad situation here. As always, thank you for
your wisdom and your knowledge.

Speaker 2 (04:11):
My pleasure, Ty. Look forward to speaking with you.

Speaker 1 (04:14):
Next Quindnesday, as do wea you take care, say hi
to everybody for us, ladies and gentlemen. Bruce ell Shiner,
Attorney for the injured, and if you would like to
submit a question future consideration, I want to tell you
how to go about that. You simply go to the
station website and put Bruce in the keyword search box.
That'll take you where you need to go. If you've
been injured, then why not get a hold of the

(04:37):
Port Charlotte Office of Associates and Bruce el Shiner right away.
The phone number is nine four one seven four three
seven seven seven seven nine four one seven four to
three seven seven seven seven, and be sure to tell
him the Todd Matthews sent you from Kicks Country ninety
two point nine