He's overweight and has angina. He was told by paramedics not to drive. I'm really worried, as he gives lifts to my mum and daughter in the car. His insurance must surely be invalid.
What is the legal position now? And what if he kills or injures himself and/or others?
I'm really worried about this!
2007-04-14 10:12:49 · 15 answers · asked by internits 5 in Politics & Government ➔ Law & Ethics
PS... We're in the UK, by the way! I think laws may vary a little in other places.
2007-04-14 10:18:35 · update #1
Also, I have already advised my mum and daughter that they really shouldn't be driving about in the car with him in case something happened.
2007-04-14 10:29:17 · update #2
The paramedics were called to the house when he fainted while sitting on a chair. He has been to the doctor since, and he has had a few more faints. I don't know whether his doctor is aware, but would imagine they would have been sent a letter when an ambulance was called. I would think he would need to be clear of faints for 6 months before going back on the roads. Am I right?
2007-04-14 10:44:07 · update #3
The case can be looked at under two different categories of law,
Under British law if he is under medical instruction not to drive then he is breaking the law by ignoring this advice, he can be dealth with by the police under the Road Traffic Acts, he will be summoned to the magistrates court as a summary offence and may face prison if he continues to drive.
Under Law of Torts he is clearly Liable in Negligence, he has acted directly/or indirectly in an irresponsible manner in that he has failed to take reasonable care and if that failure causes any damage/harm or loss to a third party he is in serious bother. they can sue him for everything he owns and if he is unable to pay he can be imprisoned in default. He has no insurance, all contracts of insurance are covered under the Latin dictum "Uberima Fides" i.e. utmost good faith.. you must disclose all material facts or the contract is invalid.
On a moral note, you must act to stop him, how would you feel if he lost control and crashed into a woman bringing her children to school? An old fool is the worst type of fool but don't allow someone else to be injured/killed.
The best way of dealing with this matter is to approach his doctor, bring a witness, and ask him to have your father in law's license suspended, if he agrees then tell the police that he's off the road, if he doesn't agree, remember the witness?, tell him that he is responsible in law and in the event of any accident you and your family will sue him out of practice, pension and posession... that should concentrate his mind..
God bless British law anf in particular "Donoghue v. Stevenson"
2007-04-14 10:38:48 · answer #1 · answered by Del 3 · 0⤊ 0⤋
If he injures or kills someone on the road due to fainting then he could be in a lot of trouble legally.
Criminally, in addition to all the usual charges someone may face he could also be charged with criminal negligence, culpable driving and so on.
Civilly he could be sued for negligence as he knew he shouldn't be driving, it was reasonably foreseeable that an injury could be caused through his negligent actions (ie driving) and he's taken no opportunity to minimise the risks.
Now as for the validity of the complaint - providing he received a warning from paramedics and they can prove that, then he shouldn't be driving whatsoever (as stated above), unless he has since seen a doctor or other medical professional who is willing to attest otherwise.
Was his license suspended? If so it would act as physical evidence that he was warned by paramedics. If not it may not be as legally persuasive.
Either way, he should get the all clear prior to driving. People die through selfish actions such as his, and although it may be an inconveience to him to have to catch the bus in case he faints, imagine what an inconvenience it would be to a family who's child was run over and killed.
2007-04-14 13:07:55 · answer #2 · answered by xxalmostfamous1987xx 5 · 0⤊ 0⤋
He should not be driving a car if medical professionals tell him he should not. He will be responsible financially if he has an accident and kills or seriously injures somebody. The extent of the liability does not necessarily end with the policy limits of his automobile and/or liability insurance. He could be sued for an amount over and above the amount of the insurance, and he could end up with a judgment against him for an amount in excess of his own assets.
In some states, a medical doctor can file a report with the State Department of Transportation and have a person's drivers licensed revoked because of a medical condition.
http://www.pacode.com/secure/data/067/chapter83/chap83toc.html
2007-04-14 10:26:56 · answer #3 · answered by Mark 7 · 0⤊ 0⤋
Paramedics can only advise. However, if a doctor advises the state, his license can be revoked. In that case, if he gets caught driving, he will go to jail. This is to prevent accidents.
In most areas, students can get free bus passes to and from school, and a monthly pass can be purchased for little money, so there is no reason to take chances.
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2007-04-14 10:25:25 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Paramedics I believe do not hold the same holdings as a police officer or judge would have on driving a car. It means that he could go into shock, stroke, or heart attack while driving. ANd could blank out. it is not safe. and you can't really sue him since you already know he shouldnt be driving and if ur children or child is underage it is YOUR job to keep them safe.. if the child is above 16 or 18 there is nothing you can do legally.
Just make sure if his insurance is valid.
talk to ur father.
and arrange other means of transportation.
also..make sure u take his keys away make it hard for him to drive
2007-04-14 10:44:30 · answer #5 · answered by Advice giver 2 · 0⤊ 0⤋
If he has a history of fainting, then it should have show up in his medical file. This information should have been shared with the licencing authority who will suspend his licence. If that has not happened, then talk to his doctor and find out what he is doing. If the doctor is doing nothing then you owe it to the rest of the population to advise the police of the situation and let them deal with it. Good luck and feel free to also call the insurance company.
2007-04-14 10:23:14 · answer #6 · answered by St N 7 · 0⤊ 0⤋
Legally he should not be driving. No question about it.
Unfortunately until he hurts someone or someone reports his medical condition, he probably will keep driving. I would check with the paramedics and see if they can take some action on their end to get him out from behind the wheel, if they said he should not be driving. I am disappointed to hear your mother would put her child in danger like this. I would talk to her about all their safety.
2007-04-14 10:22:17 · answer #7 · answered by JAN 7 · 0⤊ 0⤋
YES! Where I live there is a Fast Eddies with no walk in, it's just a drive thru so everyone walks through it without a car XD
2016-05-20 00:09:00 · answer #8 · answered by shannon 3 · 0⤊ 0⤋
If he has a history of fainting and has been advised not to drive, that could really hurt him if he continues to drive and does have an accident that injures someone else. His doctor CAN write to the motor vehicle licensing bureau and recommend that his license be suspended, if he thinks the situation is that serious.
2007-04-14 10:16:56 · answer #9 · answered by MOM KNOWS EVERYTHING 7 · 1⤊ 1⤋
He is totally responsible for his actions. Say goodbye to everything he owns , house , car , furniture, clothes etc and plan on spending time in jail in he hurts someone. Call your local DMV or Secretary of State and fail a complaint about his medical condition to get his license suspended until he is under proper medical control.
2007-04-14 10:18:36 · answer #10 · answered by DEADGONE 4 · 1⤊ 0⤋