COVID-19 Notice: Malman Law’s staff is working at office & from home so that we can do our part to fight the spread of this virus within our community.Learn more
Please fill out the form below and a representative at Malman Law will contact you within 24 hours to discuss the specifics of your personal injury case.
Tuesday, January 17, 2017
Attention Deficit Hyperactivity Disorder (ADHD) is typically diagnosed in young children, but some are diagnosed in their teens or even into adulthood, depending on the level of care they receive. The numbers of teens and adults diagnosed are increasing – especially as parents, physicians, and teachers become more aware of the symptoms of ADHD.
ADHD is a common behavioral disorder that is estimated to affect 10 percent of children. Boys are more likely to be diagnosed than girls – unfortunately, scientists are not sure why that is.
When someone has ADHD (whether a child or an adult), a person acts without thinking, and hyperactivity makes it difficult to focus.
There are three types of ADHD, which include:
ADHD also causes coexisting conditions, which make teens and adults even more impulsive, have difficulty focusing, and even more of a hazard on the road. Some coexisting conditions experienced with ADHD include:
When diagnosed as a child, an individual may experience an increase in their ADHD symptoms and complications during puberty. The hormonal changes that occur during the teen years can increase the severity of ADHD symptoms, and for some, they may become increasingly worse even if they are taking medication.
ADHD poses special risks while driving. Those with ADHD are two to four times more likely to be in a vehicle accident compared to those without ADHD, says WebMD.
These teens could be at risk for impulsive behavior behind the wheel; they could take severe risks, use immature judgment, and even seek thrills. These traits are high-risk for those on the road with the individual who has ADHD. Also, those with ADHD are more likely to be heavy drinkers, and they could experience problems from their drinking.
Aggressive driving is dangerous, and those with ADHD are prone to spells of aggressive driving, impulsive behavior, and outbursts. When a driver becomes aggressive, he or she may become easily enraged at a driver going too slow, when passing vehicles, etc. This may force the driver to become reckless, such as speeding, cutting off other drivers, slamming on the brakes, and tailgating.
These behaviors could lead to a serious accident that causes injuries or even fatalities.
Hyperfocus is a common symptom of ADHD. A person with ADHD may intensely focus on something and ignore everything else around him or her. While this sounds like it would make an ADHD driver safer, it makes him or her more dangerous. For example, a hyperfocused driver may focus on the fact that he or she was just cut off by another driver. He or she will not forget about it or let it go. He or she starts to ignore everything else, including pedestrians. While ignoring, the driver runs over a pedestrian in the crosswalk.
Those with ADHD are easily consumed with their thoughts, and when they hyperfocus on those thoughts, they care about very little around them. This is an extremely dangerous symptom to experience while driving, and most definitely could lead to an accident.
An impulsive driver can be just as dangerous as a distracted or hyperfocused driver. When people have ADHD, they can be frustrated easily, and that frustration leads to impulsive behavior, such as aggressive driving, random speed changes, and quick or unexpected maneuvers.
There is no cure for ADHD; however, there are ways to control the symptoms. Those with ADHD must often undergo extensive counseling, change their diets, and take medication. Most ADHD medications are stimulants, such as Ritalin or Adderall. These medications help those with ADHD stay focused and not tune into the distractions.
Stimulants are traditionally effective in 70 to 80 percent of those with ADHD. These medications will help a driver with ADHD focus on the road, and the medication will help him or her stay patient, while reducing impulsive behavior.
Despite treatments being successful, there are those who will not take medication for their ADHD.
When people cause accidents, they are liable for the damages they cause. However, a person with a medical condition may be inclined to argue that the condition was to blame. While it may sound like a great defense, using a medical condition as a defense can hinder one’s process of having the case dismissed.
The courts do not care if one has a medical condition. Instead, they consider that admission more on the plaintiff’s side, because if one has a medical condition, he or she should be able to control it to drive safely and provide the standard of care that is expected. When he or she cannot do so, he or she should not drive. A person with ADHD who is diagnosed and receiving treatment cannot escape liability merely because of having ADHD. Instead, he or she either controls the ADHD or does not drive.
The exception to this rule is when people suffer from a medical condition, but they are unaware that they have one. For example, a person has a heart condition, but he or she has not been diagnosed. While driving, he or she suffers from a heart attack that causes a wreck. While the driver had a condition, he or she was unaware of that condition; therefore, he or she was not failing to provide the standard level of care.
If drivers have ADHD and refuse to take medication, then get behind the wheel and cause a serious accident, would they be liable?
The defense team for the ADHD driver may try to argue that the driver was reckless because of the ADHD; therefore, the driver should not be responsible for the accident or any injuries that were a result.
The reality, however, is there are millions of people with ADHD and other disorders that make it hard to drive. However, they drive safely each day. A medical condition never excuses poor driving or reckless driving behavior.
All drivers are required to follow the traffic laws and basic etiquette rules of the road, which means driving responsibly. A medical condition is not a valid excuse for causing an accident. If the driver was diagnosed with ADHD, he or she is aware of the condition.
An ADHD driver who causes an accident is just as liable as any other driver. After all, those with a seizure disorder would be held responsible if their disorder caused an accident and they knew that they had a dangerous impairment.
Those affected by ADHD can still drive safely, and they can work on improving their driving skills to increase their safety on the road. Some things they can do to limit the likelihood of an accident include:
If you or a loved one suffered injuries because of a teen or adult suffering from ADHD, you might still have a claim against that driver for negligence. Contact the attorneys at Malman Law in Chicago today to schedule a free consultation. You can schedule by calling us or completing our online contact form.
They are very helpful, and when it comes to getting things done with your case I had the pleasure of working with Jason Kellerman he was awesome I highly recommend them.
- Britany Weaver
I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!
- Cheryl Wagemann
I’ve been knowing about this Law firm for many years through friends, referrals & advertisements, never I thought I would need their services because I believed things & situations don’t happen to me like this, long story short I was in a situation that I needed help & advice!!! In the right direction, I connected with the Firm & a very patient, understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care!
- Elvira G.
I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.
would do everything they could for me.
- Tony S.
I contacted Malman Lawafter my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks, everyone!
- Devin Jones
Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!
- Annie Ong
Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If you’re interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!
- Eugenia Cathery
They are so efficient and professional. Always available to help. Attorney Boyer was great and very good with my case. I really appreciate Malman Law. I gave them 5 stars because there is nothing higher.
- Omolewa Snyder
I have had an amazing experience with Malman law so far. From the start, Dan was super easy to work with, got me the medical attention I needed, and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.
- Trevor Harris
Hi, I just want to acknowledge Jay McCarron, Kelly & the firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would highly recommend you and your firm to friends & family. E. P.
- Ernest Pitts
Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.
- Ariel Fleming
I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!
- Carmen Rivera
Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the reparations of the accident. We would recommend their services!
- Greg Gustafson
Excellent customer service and a great experience. Malman Law handled the whole process and it was very smooth. The settlement was a great success. I would choose Malman Law again in the future.
- Malak St.Clair
Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me and my daughter.
- Devri Lott
I cannot give enough praise to the team at Malman Law, for helping with my case. My children were involved in an auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.
- Adrian Lopez
A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.
- Vanessa Leon
Bella Feinstein, Jason Kellerman, and Terry Davey have been instrumental in helping me through many difficult situations. Not only did they work to get my mom a settlement, but they have also continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.
- Nyah Vuljanic
This law firm is the best they got me paid and Malman Law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone who. In the position, they are awesome sincerely. Jeff walker
- Jeff Walker
Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, he takes time to listen to his clients, and gather facts accordingly.
- Steve Acosta
Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff, kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.
- Adrianna Gomez
Dan Petrich was the best man for my case of falling through my porch of an apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars
- Jose Cruz
Steve Malman helped me with my auto case. He quickly responded and answered any and all the questions I had. My case was a success as well as 2 other family members I recommended to him won their cases as well. Definitely a 5 star!
- Meagan Cruz
- Eddie Villarreal
I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never felt out of the loop. She was very patient and hard working on my case. I would highly recommend this firm. Thanks for the hard work and all your help!
- Madissen Miller
Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!
- Christina Ocon
Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and great follow up! My case was resolved sooner than expected. I highly recommend them!
- Adriana Martinez
So glad I contacted Malman Law regarding my accident. Professional and caring. Thank you Mr. Malman. I most definitely recommend to anyone if you need the best to call Malman Law!!!
- Virgil Sanner
I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns. It was also a bonus that she was bilingual in Spanish! Loved the warmth she brought. Thank you!
- Jazlyn Caraballo
My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained the next steps, and got my case resolved early. I would highly recommend Malman Law.
- Ashley Jenkins
ALL FIELDS REQUIRED
2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim