is a licensed driver with vision impaired by macular degeneration but whos eyesight is within the allowable Kentucky Drivers License vision limits at any greater risk of legal action in case of an accident fault or no-fault?

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is a licensed driver with vision impaired by macular degeneration but whos eyesight is within the allowable Kentucky Drivers License vision limits at any greater risk of legal action in case of an accident fault or no-fault?

My vision is within the allowable limits to hold and use a KY Drivers License. I was
recently told, however, that should I have an accident resulting in the injury of
another person, regardless of who is at fault, I would be highly vulnerable to being
sued successfully.

Asked on May 24, 2019 under Accident Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, you would be at greater liability risk. That is because civil liability (getting sued) depends on the degree of care vs. risk you take. Even though you may legally drive, it is clearly riskier for you than for someone with unimpaired vision; hence you are more likely to be found at fault, if there is any way your vision condition could contribute to the accident.
It's the same way that you may legally drive when you have a migraine headache or have not slept in 20 hours or have a bad flu--but since all those things impair your driving ability, if there is any chance they contributed to an accident, being found liable is more likely.
Being legally allowed to do something does not always mean it is necessarily considered to be taking all due care to do it, and something can be legal and negligent at the same time.


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