Analysis of vehicle collisions cases involving drivers suffering from common diseases or symptoms: A study on criminal liability of drivers and preventive measures

Abstract

In recent years, traffic accidents related to impaired health have become an increasingly serious problem in Japan. The Dangerous Driving Causing Death or Injury applies when someone driving a motor vehicle is unable to do so safely owing to a health condition specified by a cabinet order related to certain diseases. Such diseases are likely to hinder the safe driving of vehicles and may lead to death or injury. The law concerning driving under such conditions is covered by the Act on Punishment of Acts Inflicting Death or Injury on Others by Driving a Motor Vehicle among other legislation. Health-related traffic accidents are caused by common health conditions as well as by particular diseases. There are difficulties in perceiving the risks conferred by changes in a driverʼs physical condition; however, accidents caused by such changes can result in severe injuries or fatalities. We studied 15 cases involving vehicle collisions in Japan caused by common diseases or symptoms, and we focused on criminal liability. The average age of the drivers was 51.1 ± 13.3 years; two-thirds of them were professional drivers. With regard to health impairment at the time of the accident, five drivers were suffering from the common cold and sneezing; two had influenza; and one had pharyngitis, abdominal pain, and aspiration. Of the 15 cases, eight were subjected to criminal proceedings: seven drivers were found guilty of Negligent Driving Causing Death or Injury; one case was dropped. The courts ruled that drivers suffering from common diseases or symptoms should avoid driving or halt their vehicles on becoming aware of their physical condition; the courts ruled that that should also be required of drivers suffering from particular diseases. Three drivers received prison sentences: because they were professional drivers, their employers could be held liable for accidents caused in the course of their employment. Thus, employers need to recognize the risk of health impairment by common diseases or symptoms; they should implement appropriate health measures to ensure the adequate functioning of the drivers they hire.