Specialists demand “controls” to lead the owners of “chronic diseases” for vehicles

Doctors, experts, and specialists in law and insurance stressed the importance of setting controls for the leadership of chronic diseases vehicles on the roads, in order to ensure their safety and the lives of others, pointing to the possibility of one of them being exposed to an emergency healthy circumstance that loses control of the vehicle, and leads to severe accidents, such as entering a coma.

They suggested the existence of an obligation that prevents some of those with chronic diseases from driving vehicles, according to what health authorities decided, specifying a group of diseases that negatively affect the ability to drive safely, including unstable mental illnesses, such as schizophrenia and panic, and neurological diseases that have an effect on awareness, attention and muscle control, such as epilepsy and Parkinson’s disease.

The New Federal Traffic and Traffic Law did not express the controls for the leadership of chronic diseases of vehicles, but in Article (10) set conditions for issuing a driver’s license, including passing the medical examination required by the licensing authority successfully, or submitting an accredited report, according to what is determined by the executive regulations for this decree by a law.

During the past years, the state’s roads have witnessed a number of accidents against the background of health conditions that afflicted the driver while driving the vehicle, due to a chronic illness that suffers, including the sudden fainting of the driver and the loss of control of the vehicle.

In an accident recently, a Asian nationality driver caused an accident that resulted in the collision of four vehicles and motorcycles, a person’s death and another injury, after he was suddenly deviated.

The driver admitted the mistake in front of the Public Prosecution, justifying what happened by losing consciousness before the accident, and not realizing what happened except after watching the ambulances and the police.

The state’s roads, last year, witnessed three separate incidents due to a vehicle driving under the influence of health conditions (chronic diseases), without details about their quality, according to the Ministry of Interior’s statistics for traffic accidents.

Psychological disorders

A consultant psychiatrist, Dr. Mahmoud Najm, stated that mental illnesses can pose a great danger to safety while driving, especially if they affect attention, decision -making and response to emergency situations.

He warned that some mental disorders may lead to unexpected behaviors or loss of concentration, which increases the possibility of accidents.

And identifying seven psychiatric diseases that may pose a risk while driving are: “schizophrenia”, and its danger is in the hallucinations (auditory and visual), delusions, poor perception and thinking disorder, and driving is dangerous if the disease is not under control or if the patient is not committed to treatment, and “severe depression”, and its risk is that slow thinking, reactions, loss of concentration, and leadership are dangerous when there are ideas. Suicide or loss of motivation and attention, and “bipolar disorder”, and its danger is in obsessions, as the person with it may be reckless and fast to drive or responsible, and “severe anxiety disorders”, and its risk is to be panic and fear of leadership and mental dispersion, and leadership is dangerous if the symptoms affect focus and control, and “post -shock disorder”, and is represented, represented by, and represented, represented by Its risk of suddenly restoring the shock moments, extreme anxiety and anger, and driving is dangerous when exposed to stimuli that leads to the retrieval of the shocking event while driving, “psychotic disorders”, and its danger is to lose reality and unexpected behavior, and driving is dangerous in the event of active symptoms such as hallucinations or delusions, and “drug use disorders and alcohol”, Its risk is weak awareness and reactions, and driving is dangerous during or after abuse, or in the case of unspeakable addiction.

On when the patient should be prevented from driving, he stressed that the condition must be evaluated by a psychiatrist, and the patient is prevented from driving if “psychological symptoms are unstable, and there is a history of suicide attempts or reckless behavior, and clear effects were found on the focus, and it was under the influence of a calming or hypnotic drug that weakens mental capabilities.”

Neurological diseases

A neurosurgeon, Dr. Jawad Fadl, stressed that neurological diseases may significantly affect the ability to lead safely, due to their impact on awareness, motor coordination, attention and muscle control.

He referred to some neurological diseases that are dangerous, or preventing leadership, including “epilepsy”, and its danger is in the seizures of loss of consciousness or sudden cramps, and the patient may be prevented from driving if the seizures are not controlled for at least 6-12 months, and “stroke”, where it may cause paralysis, loss of balance and weak vision, so driving may be unsafe, and in this case the patient may need to A comprehensive evaluation before allowing him to lead again, and “Parkinson’s” because one of the most important characteristics of the disease that it causes to patients is slow movement, tremors, muscle hardening, and “dementia (like Alzheimer’s)”, and the characteristics of the disease are the weakness of memory and confusion, and here the leadership must be prevented in the advanced stages of the disease, and “multiple sclerosis”, where muscle weakness causes problems in vision and coordination, and the person is qualified, and the person is qualified, and the person is qualified, and the person is qualified For leadership if the symptoms are mild and stable, and “severe peripheral neuropathy”, and its danger lies in the loss of sensation or coordination in the feet and hands, and here it may affect the use of pedals or steering wheel, and “nervous sleep disturbances”, such as compulsive sleep, where sleep attacks may occur suddenly while driving.

Fadl pointed out the importance of preventing the patient from driving in the following cases, the loss of sudden or unexpected awareness, severe muscle or balance, poor vision or perception, and the inability to make quick or correct decisions.

Influencing diseases

Regarding the legal responsibility that falls on the driver who suffers from a chronic disease, and suffered a healthy show while driving and caused an accident that resulted in injuries and deaths, the legal advisor, Dr. Youssef Al -Sharif, stressed that “the lesson is not whether the disease is chronic or not chronic, but the lesson is the extent of the effect of the disease in awareness, awareness, focus in leadership and road and taking into account the safety of others and property even if the disease is not chronic, some chronic diseases do not affect Directly in the ability to drive, such as regular diabetes, while there are diseases that are not chronic but affecting, such as severe, bodies and diarrhea. ”

Al -Sharif stressed that «the lesson lies in the knowledge of the disease, as the vehicle’s leader may not be aware of his illness, because he does not follow medical examinations periodically, such as irregular diabetes and heart disease, in these cases his responsibility will be held for the accident, but if he knows his disease, his responsibility here is a strict responsibility, because it represents a serious recklessness and negligence that amounts to intention and intention to lead His influential illness remained in his condition, awareness, his ability to drive and control the course of affairs and road surprises.

He stressed that the law “the driver of the vehicle does not be relieved of responsibility just because he is sick, but on the contrary, the chronic illness that affects the leadership makes its responsibility more severe, but in cases where it is proven that the disease was surprising or unknown to use the compassionate court and reduce the punishment.”

He continued: «With regard to the medical examination that is required to extract the driver’s license, it has nothing to do with it because it is required once when extracting the license, and therefore the licensee may be sound, and the disease occurs later, and therefore this examination cannot be sufficient to prevent accidents that occur as a result of those diseases affecting the safety of leadership.”

Al -Sharif pointed out that the texts of the laws in force values ​​these cases and do not need special legislation or new texts, “because they do not deviate from the legal description of the crimes of the destruction of the property of others, the injury of error, the wrongful killing, the intentional killing, the exceeding the prescribed speed, and the other crimes that were mentioned in the Traffic and Traffic Law and the law of crimes and penalties, there is no crime without a punishment.”

He stated that doctors have a legal commitment in cases of diseases affecting driving, whether they are chronic diseases or otherwise, by warning the patient against driving.

He said: «In any case, the disease, whatever its type, is not a reason for exemption or mitigation of punishment.

Third party

On the coverage of insurance companies for traffic accidents that occur due to the driver’s injury to a healthy show while driving, an insurance expert, Chairman of the Technical Committee of the Gulf Insurance Union, Bassam Adib Gilimeriran, confirmed that vehicle insurance documents, whether comprehensive insurance or insurance against others (civil liability), are subject to a unified document approved by the Emirates Central Bank.

He said that although this document does not include an explicit text that excludes accidents due to chronic diseases in the driver, there are important legal and secure considerations that affect the scope of coverage.

Gilliran stressed that “the driver is not automatically excluded from insurance coverage due to his chronic disease, unless it is proven that the disease directly affected his ability to drive, and leads to the accident, especially if it is not disclosed to the specialized authorities, the federal law obliges drivers to be healthy to driving, and that the lack of disclosure of fundamental information, such as a health condition that affects safety The leadership is a violation of the principle of goodwill on which the insurance contract is based, and in such cases, each accident is seen separately, and the insurance company takes into account the extent of the effect of the disease, and the extent of the driver’s commitment to disclose his condition.

He explained that with regard to the affected third party, the unified insurance policy guarantees it the right to obtain compensation, even if the accident is the result of a mistake or a serious neglect of the driver, including what is related to the health status.

He pointed out that this organization comes within the framework of the legislator’s keenness to protect the rights of the affected party, and not to download the consequences of the actions or cases of the insured driver, and after paying compensation to the third party, the insurance company has the right to return to the driver in specific cases, and therefore insurance companies cover the accidents resulting from drivers with chronic diseases, provided that the laws or the fundamental conditions of insurance are not violated, and in all cases, the coverage remains for the party The third list with the insurance company retaining its legal right to return to the driver if the conditions are met.