|
How to stay in your home with a disability after a motorcycle accident
HURT911.org |
the Center for Accident Assistance™
In a Florida motorcycle accident, Michele
Haddad was riding a motorcycle when she was struck by a drunk driver who
caused a spinal cord injury causing paralysis and left her a
quadriplegic. The state of Florida required Michele to be
institutionalized for 60 days before the state would provide community
services.
Michele filed a lawsuit against the state for violating the Americans with Disabilities
Act. Michele Haddad’s lawsuit alleged that the state failed to provide
community-based services to Medicaid-eligible individuals who are disabled.
As decided by the Supreme Court in Olmstead v. L.C.
the ADA requires that individuals with disabilities be provided services in
the most integrated setting appropriate. The Supreme Court recognized
the right of the disabled to continue a life as normal as possible and the
additional harm caused by unnecessary institutionalization. The Justice Department filed a statement of
interest in support of Michele Haddad’s lawsuit. In June 2010, a U.S.
District Court in Jacksonville ruled that the State of Florida must provide
Michele Haddad with services which will allow her to remain in her home so
she will not have to be institutionalized. The ADA prohibits discrimination on the basis
of disability in employment, public accommodations, commercial facilities,
transportation and telecommunications, as well as federal, state and local
government programs. The US Department Of Justice states that enforcement of
the ADA is a top priority for the Civil Rights Division. I applaud the US Department Of Justice for
their support of injured motorcyclists with serious disabilities.
Read the article on the
US Department Of Justice blog about Michele Haddad To speak with an Accessibility Specialist,
visit www.ada.gov or
call the ADA Information Line (1-800-514-0301 voice; 1-800-514-0383, TTY)
If you have been hurt in an accident, you should immediately call a
lawyer at 1-800-HURT-911 to protect your rights.
|