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Journal Article

Citation

Parker JFJ. Univ. Fla. Law Rev. 1962; 14: 443.

Copyright

(Copyright © 1962, University of Florida)

DOI

unavailable

PMID

unavailable

Abstract

On July 18, 1949, in the Commonwealth of Pennsylvania a truck ran off the road, killing the four-year-old brother of the driver and injuring several other occupants. The driver of the truck was convicted of involuntary manslaughter. He had been operating the foot pedals and gear shift, while another brother had done the steering. This unique driving method was necessitated by the fact that the driver was blind.'

On June 13, 1960, a Fort Lauderdale attorney was killed when he lost control of his car and collided with a steel post. He had previously lost both hands in accidents and had been to Atlanta to have his mechanical hands adjusted.

Admittedly these cases are extreme, but they are not as rare as might be expected. The most startling fact is not that blind or handless men are driving automobiles, but that their driving is sanctioned by the state; both drivers had valid operators' licenses. The blame for such incidents rests largely with the systems of licensing, examination, and re-examination of drivers. No licensing system can ever achieve perfect results, but it is clearly possible to prevent a blind or handless person from obtaining a license to operate a motor vehicle, a license that in his hands - or the lack of them - may amount to a license to kill.

When automobiles first began to replace the horse and buggy there was little reason for an elaborate licensing system. Early automobiles ran slowly, when they ran at all. Today, however, many automobiles have in excess of 800 horsepower, and most can approach 100 miles per hour. Florida classifies the automobile as a dangerous instrumentality. There is an obvious need to require legally that operators of such dangerous instrumentalities achieve a certain standard of competence and maintain that competence as long as they drive.

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