Key Takeaways
A seizure does not automatically make a driver liable for a crash; in both Georgia and South Carolina the question is whether the seizure was foreseeable, such as when the driver knew the condition was uncontrolled or ignored a doctor's advice. Georgia bars recovery if you are 50 percent or more at fault, while South Carolina bars it only at 51 percent, so a driver found exactly half at fault recovers half in South Carolina and nothing in Georgia. In Georgia, a noncommercial license cannot be denied for epilepsy unless a seizure occurred within the previous six months (O.C.G.A. § 40-5-35). South Carolina sets no fixed seizure-free period, and the SCDMV decides medical fitness case by case with advice from its Medical Advisory Board. About 3.4 million Americans have active epilepsy, and CDC data show fewer than half of adults taking epilepsy medication were seizure-free in the previous year.
Epilepsy affects millions worldwide, including about 3.4 million Americans, roughly 2.9 million adults and 456,000 children, according to the CDC. Given the potential for seizures and blackouts, it raises an important question: should people with epilepsy be allowed to drive? Moreover, can they be held liable for car accidents caused by seizures? At Roden Law, our dedicated car accident lawyers in Charleston specialize in handling complex cases involving medical conditions or medication. If you’ve been involved in a seizure-related accident or experienced a seizure while driving, our knowledgeable attorneys can provide a free case evaluation to explain your rights and assess whether you’re eligible for compensation.
Dangers of Driving with Epilepsy/Seizures
Driving with epilepsy can pose significant risks, even if you’re currently taking medication to control your symptoms. CDC data from 2015, published in 2018, found that fewer than half (about 42 percent) of U.S. adults taking epilepsy medication had been seizure-free in the previous year. An epileptic incident can occur at any time, and in the moments leading up to it and during a seizure, these are some of the symptoms that could impair your ability to drive safely:
- Seizure-induced confusion
- Loss of consciousness
- Uncontrollable body jerking
- Cognitive impairment
- Anxiety
- Staring spells or feeling “spaced out”
- Headaches
- Temporary paralysis after a seizure
- Memory lapses
- Temporary loss of bowel control
Driver’s License Requirements for Seizures
In Georgia, a noncommercial license cannot be denied for epilepsy unless a seizure occurred within the previous six months (O.C.G.A. § 40-5-35), and drivers whose seizures occur only during sleep may qualify for a limited license even within that window (Ga. Comp. R. & Regs. 375-3-5-.02). South Carolina sets no fixed seizure-free period; the SCDMV reviews the license application’s 12-month seizure question and decides fitness case by case with advice from its Medical Advisory Board (S.C. Code § 56-1-221). For other states, see the Epilepsy Foundation’s state-by-state driving-law summaries.
Reporting Medical Limitations
Neither Georgia nor South Carolina requires doctors to report patients with epilepsy, but Georgia lets physicians report unsafe drivers and shields them from liability (O.C.G.A. § 40-5-35). In Georgia, relatives, courts, judges, law enforcement officers, or citizens can also submit non-anonymous requests for review, and the Department of Driver Services (DDS) may then require a medical evaluation and revoke the license if the driver does not comply. In South Carolina, the SCDMV can order an examination of a driver it has good cause to believe is unfit and suspend, revoke, or restrict the license (S.C. Code § 56-1-270).
Determining Liability for a Crash Involving Seizures
If a person has a seizure and causes an accident, it doesn’t automatically make them legally responsible for the collision. Courts in both Georgia and South Carolina ask whether the seizure was foreseeable, weighing the individual’s history of epileptic events or seizures, whether they were under the care of a doctor for epilepsy, and whether they were driving inside Georgia’s six-month no-seizure window or against a doctor’s advice. While a seizure’s involvement in the accident may attribute some fault to the person with the medical condition, the issue remains complex, particularly if they had no prior diagnosis or seizure history.
How Comparative Fault Comes into Play
Georgia uses a modified comparative negligence system to apportion fault between two or more parties whose negligence contributed to an accident. According to this system, if you were less than 50 percent at fault for the accident, you can still pursue compensation for the damages you sustained.
However, your level of recovery will be reduced by your fault percentage. For example, if you are found 10 percent liable for the accident, you can only receive 90 percent of the total value of your damages. In Georgia, if you are found 50 percent or more at fault, you cannot recover any damages (O.C.G.A. § 51-12-33). South Carolina reduces damages the same way but bars recovery only at 51 percent (Nelson v. Concrete Supply Co.), so a driver found exactly half at fault recovers half there and nothing in Georgia.
Call Us Right Now for Help with Your Claim
If you’ve been injured in an accident caused by someone experiencing a seizure or if you had a seizure while driving, it’s essential to seek the help of an attorney experienced in personal injury law.
The dedicated legal team at Roden Law can review the circumstances surrounding your case and explain your rights to you. We work on a contingency fee basis, so you are charged nothing unless we recover compensation for your accident. Call us today to schedule a confidential and complimentary consultation.
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