Transportation and Vehicle Safety: Driving after head injury?, traumatic brain injury, department of motor vehicles

Question
Don't know if this is your subject but I thought I would ask. I am in Illinois and suffered head trauma and the doctor restricted me from driving for 3 months although I have no impairment. He said that in Illinois it is not a state law but it is in several other states that you are suspended from driving after a head injury. I was just wondering if you could verify that? Have you ever heard of such a thing?

Answer
Hi Amber.

Although I cannot tell you which states require this, I do know that some states require physicians to report to their State Department of Motor Vehicles any patients with a known traumatic brain injury (TBI). Other states have no requirement for the physician to report this, but the physician can certainly advise DMV. Laws in those states may automatically suspend or revoke a driver’s license once such a report is received.

The good news is, most states to my knowledge do not automatically revoke the license if a TBI is reported. If you have been suspended due to a TBI, you can challenge the evaluation before their medical review board, requesting a reevaluation by another physician.

As to restricting your driving in your case, this sounds more like a doctor’s order only, having no legal basis. I would imagine however, if you reside in a state where a physician can inform DMV, I would tend to obey the doctor to avoid him/her from filing a medical report to DMV who may in turn suspend or revoke.

Lastly, assuming for a moment that your state has no requirement as noted above and may not automatically suspend or revoke your privilege to drive based on a physicians report, you may be looking at a civil issue should an accident occur. If a licensed physician orders this and you disregard his orders, then you could be found completely at fault in a civil hearing if an accident can show that a TBI was even remotely involved.

The idea is to ensure the safety of the public is protected, although sometimes they do go a bit overboard. I would greatly recommend that you heed your doctor’s advice. If you feel he/she was wrong in their evaluation of you, then seek out a second opinion. Bottom line is to protect yourself and to evaluate what your professional experts (your doctor) is telling you.

I hope I have answered as fully as possible Amber, and thanks for asking this very difficult question. Please let me know if there is anything else I can help you with.

Terry