Driver With Advanced Multiple Sclerosis Causes Fatal Motorcycle Accident

This case involves the death of a motorcycle rider who was was driving down a two-way road. About 60 feet in front of him, an SUV pulled off onto the right shoulder and made the U-turn across the roadway. Subsequently, the motorcycle impacted the side of the SUV at full speed. According to police reports, the man driving the SUV had advanced multiple sclerosis, left-sided hemiparesis, and vision changes. His vision in his left eye was 20/400 corrected and he had no strength in his left hand. An expert in neurology was sought to review the records and evaluate if the SUV driver’s neurologist should have advised the driver not to drive due to his medical condition.

Question(s) For Expert Witness

1. How often do you see patients with multiple sclerosis?

2. Under what circumstances would you advise a patient with multiple sclerosis not to drive?

Expert Witness Response E-001495

I am a board certified neurologist and I see at least one or two multiple sclerosis patients every week. I would be interested in reviewing the records and identifying if the physician documented the physical exam described in the synopsis. If the exam is documented, then my response would be to ask if the physician questioned whether the defendant was still driving. If the above exam is documented and the treating physician did not question whether the patient was driving, I believe you have a case. If the above exam is documented and the question was asked, but he approved of the patient driving or was silent on the subject, then I still believe you have a case. Alternatively, if the doctor was unwilling to make his own determination, a referral should have been made to a driver safety expert to make the determination. There are multiple ways to have a vehicle modified to allow a handicapped person to drive. I have reviewed multiple cases involving motor vehicle accidents.