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Loyola University Chicago, School of Law

Journal

Epilepsy

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On The Road Again: Revisiting State Laws That Unreasonably Restrict Drivers With Epilepsy And Burden The Physicians Who Treat Them, Katrina E. Luffy Jan 2020

On The Road Again: Revisiting State Laws That Unreasonably Restrict Drivers With Epilepsy And Burden The Physicians Who Treat Them, Katrina E. Luffy

Loyola University Chicago Law Journal

When a driver with epilepsy experiences a seizure behind the wheel, she is more likely than not to cause an accident. Consequently, all fifty states and the District of Columbia have statutes, regulations, and policies governing drivers with epilepsy and the physicians who treat them. Although these laws aim to protect the states' interest in public safety, many of them are premised on the inaccurate assumption that drivers with epilepsy have higher crash rates than the general population. They provide blanket restrictions for a highly individualized disorder and ignore evidence that drivers with other disorders or diseases should be of …