Legal Question in Civil Litigation in Wisconsin
Driving liability after surgery?
I broke my collarbone 1 month ago and had surgery 2 weeks ago - now my arm is well enough that i--name removed--not taking painkillers and while it--name removed--still slightly immobile I am barely less than impaired. My nurse told me that if I was driving and got in an accident, even if it wasn't my fault, that the liability would be with me, due to the fact that I was driving with a slightly impaired arm. How can this be true and what does the law say about this? My arm is perfectly suited for driving but if it is true I don't want to take the risk...
1 Answer from Attorneys
Driving Restrictions and Liability After Surgery
A physician's restriction against performing any activity is legal notice that continuing that activity prior to release from the restriction could be harm you or others. Failing to follow such orders is negligence (i.e., legal responsibility) for any accident which is caused by your failure to follow them. If you feel that the restriction is unnecessary, you should discuss the issue with your doctor. Additionally, driving under the influence of painkillers or any other drug which impairs the mind is legally the same as drunken driving in Wisconsin, with all the same penalties. Any detectable amount of such a drug is sufficient to convict one of "drugged driving."
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
