DU lawyers - liability question

[mark414]

here's the deal...i broke my collarbone a month ago and had surgery on it 2 weeks ago (long story)

ANYWAYS, i'm back in great shape minus my right arm being slightly immobile - the doctors and nurses tell me i can't drive a car because even if i get in an accident and it's not my fault, the liability is on me due to the fact? that i shouldn't have been driving because of my surgery 2 weeks ago. i'm supposed to keep my arm in a sling but for the most part it's not necessary...

i don't really buy this liability thing...how could it be true?

[everythingsxen]

1. Because you are injured and impaired...

and the doctors told you not to. Ergo ipso facto you are at fault.

Thats just my BS answer, I really have no idea.

[philosophie_en_rose]

2. I'm not a lawyer, but it sounds risky.

Your arm could randomly tense up or your reaction time could be impaired - even you think you're fine.

I don't know if you would automatically liable, but it seems like a direct warning from your doctor would be good evidence for the opposing attorney.

[mark414]

3. okay, or is there a website where i could look it up myself?

[aein]

4. I'm a law student. Sounds like BS to me.

[Floogeldy]

18. How is this different from having an injured leg . . .

As an injured leg that would slow a driver's ability to apply brakes?

Comparative negligence?

Welcome to DU, aein! :)

[MichiganVote]

5. What kind of car? Seems to me that one armed people drive cars everyday

I could see a mobility problem with a stick, but an automatic should be fine. Maybe the Dr. had something else in mind. Or...could this be a work related caution from the physician? Just wonderin'.

[mark414]

6. it is stick shift

but the arm is mobile enough that it's no problem and no strain - i've practiced. the pain is next to nothing so i'm not even taking painkillers (thus no grogginess) and i really can't believe that if someone ran a red light and smashed into me, it would be my fault because i had surgery 2 weeks ago.

[nothingshocksmeanymore]

7. Are you on narcotic medication?

[mark414]

8. not anymore

[nothingshocksmeanymore]

12. I don't see how that could be so then

Unless the arm was the cause of the accident, i.e. inability to control the vehicle, it wouldn't be the case in California..but there may be some law on the books in your state that makes that so. I doubt it.

More likely than not, the doc wants your arm to heal so that you don't reinjure it and sue him for a less than perfect surgical result

[Flaxbee]

9. did they give you a time limit?

like, let it heal another 2 weeks or something? Otherwise, how are you supposed to get to work, or school, or wherever you need to go in a car?

[mark414]

10. the nurse last week left it open ended

but my arm is now almost fully mobile and i'm not taking anything that makes me drowsy and i feel almost completely normal - and i don't go in again til august first.

[Flaxbee]

11. yeah, but importantly, how are you getting around?

do you need to drive for work, school, to get food, etc.? What you could do is raise hell at the dr's office, asking just what I've asked you. Did they tell you this before you had surgery? If they had, would that have changed your mind about the operation? And exactly why aren't you supposed to drive? Plenty of people with impaired mobility do drive, another point you should make to the dr..

If it is affecting your livelihood, demand to see the dr. sooner.

Another lawyer, if a car accident did go to litigation or if the insurance companies got pushy, could say that you were warned by your doctor (whom they would no doubt question). I don't have any idea how successful that would be, though - much of it would depend on case law, previous rulings, etc. You could also ask your insurance company, though if they know your dr. said don't drive and you do, they'd just refuse to cover you in any incident.

It's an absurd, open-ended statement, ESPECIALLY if they didn't tell you before surgery (was it an optional surgery?) that you'd not be able to drive for a while afterward.

[mark414]

14. well, my injury ended my livelihood

i was out doing some hobo-type traveling...hitchhiking, riding freight trains, and it was jumping off a train that caused the injury...so i'm not working or in school right now and i'm staying with my parents -

i'm pretty much just asking because they live in a boring small town and i'm going stir crazy and my mother is taking the nurse's advice strictly and literally and is refusing to allow me to drive - so i need to prove to her that yes, it's okay forme to drive.

[Flaxbee]

16. is it your insurance, your car? or your parents'?

I don't think you can definitively prove anything one way or the other. Courts quite often defer to any medical advice you've been given (unless you're in a med mal case). No website will tell you one way or the other, but you could always search Google and see what you come up with for your state.

But again, I suggest you press the doctor's office on this, because they theoretically could be keeping you from finding work or whatever. If it's just a few more weeks, I'd suggest just hanging in there until the Aug. 1 appoinment and then make your case to them to lift their advised restrictions....

[jonnyblitz]

13. good to hear you are doing ok!

:thumbsup: :hi:

[mark414]

15. blitz!

hola buddy

in 6 weeks time the metal rod they stuck in is coming out and then in the middle of september i'm leaving wisconsin to head back out to the east coast...how's it been fer you?

i'll be in touch...

[jonnyblitz]

17. I am fine as well, thanks..

had an active beginning of the summer with a few concerts and visiting out of state and such but plan to lay low until the fall. i don't deal with the summer heat/humidity well.:(

anyways i am around i just don't do the lounge so much anymore. :hi:

[Floogeldy]

19. The Docs don't want to get sued.

Cogitate. ;)