Journal of the Japan Epilepsy Society
Online ISSN : 1347-5509
Print ISSN : 0912-0890
ISSN-L : 0912-0890
Original Articles
Analysis of Vehicle Collision Cases in Criminal Court following an Epileptic Fit of the Driver: A Comparative Study before and after the Enforcement of the New Law (Act on Punishment of Acts Inflicting Death or Injury on Others by Driving a Motor Vehicle, etc.)
Mineko BabaMasahito Hitosugi
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2022 Volume 39 Issue 3 Pages 489-499

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Abstract

We investigated the real data regarding vehicle collisions due to an epileptic attack and the criminal liability of drivers after the implementation of the "Act on Punishment of Acts Inflicting Death or Injury on Others by Driving a Motor Vehicle, etc.". Moreover, circumstances of the cases before and after the new law implementation were compared.

The enforcement of the new law was meant to toughen the law for an appropriate effect. Nearly 90% of 26 cases were indicted for "Dangerous Driving Causing Death or Injury". Out of theses cases, 19 drivers were found guilty, three were not proven guilty, and four were exempted from prosecution. Although the number of epileptic drivers supervised by a doctor is significantly increasing, some drivers disrespected this evaluation or discontinued the prescribed drugs. Hence, drivers with epilepsy require careful attention and supervision by a doctor. Furthermore, it would be critical to facilitate epilepsy diagnosis in the elderly because of the high rate of onset of epilepsy.

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© 2022 by the Japan Epilepsy Society
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