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Fatal Accident Highlights The Danger Of Driving With Certain Medical Conditions

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By Author: Micah massi
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An Asheville pedestrian accident attorney can sometimes prove that a driver is guilty of recklessness even when he is not speeding, ignoring traffic signals, or driving under the influence of drugs or alcohol. For instance, if a driver gets behind the wheel of a car knowing he has a medical condition that impairs his driving, he can still be found guilty. Recently, Asheville city police charged a man with involuntary manslaughter, assault with a deadly weapon causing serious injury, hit-and-run, and driving with a suspended license in just such an instance. On April 22, 2013, police arrested a 37-year-old man on charges relating to a December accident that severely injured a pedestrian and left his passenger, who also happened to be the driver’s three-year-old daughter, dead. His bond was set at $50,000.

According to witnesses called by police and an Asheville pedestrian accident attorney, the man’s car was travelling between 80 and 90 mph in downtown Asheville. He drove around other cars and ran red lights before careening over an embankment and flying 164 feet in the air. They car finally landed in a parking lot ...
... behind the city public works, hitting a parked truck and a city worker who was working in the parking lot. The worker survived, though he sustained serious injuries. The driver’s three-year-old daughter, who was a passenger in the car, died in the hospital the following day. Family members told police that the driver sometimes suffers from seizures, and police are investigating whether or not a seizure was involved in this incident. If so, an Asheville pedestrian accident attorney could prove that the driver was guilty of operating a motor vehicle despite knowing he had a medical impairment that posed a risk to others. He could also be charged with child endangerment for driving with a child in his care.

Even if it is determined that a seizure had nothing to do with the incident, an experienced accident attorney will have no trouble proving that the driver is responsible for the accident, for severely injuring the worker, and is guilty of involuntary manslaughter. Apparently, the driver was also charged with a DUI in January and February of 2012, and his license was revoked before the December crash.

Though the fatal accident was more likely caused by alcohol than by seizures, this accident still serves as sobering reminder of the dangers of driving with a medical impairment. Often, a driver’s license will list restrictions, although this driver’s license did not. It is important for people to be upfront about any serious medical conditions when applying for a driver’s license. Dishonesty could put others in danger or even take the life of a passenger, driver, or pedestrian.

With seven offices across North Carolina, Carl Nagle is a former claims adjuster and insurance defense lawyer who has experience, focus, and demonstrated success in providing dedicated client service in accident litigation. Contact Carl Nagle, Asheville pedestrian accident attorney, at Nagle & Associates by calling 828.225.5626 or toll free 800.411.1583 or visit http://www.naglefirm.com/Asheville/ for a FREE initial consultation.

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