Medical emergencies are extremely frightening instances. Enduring a medical emergency is dangerous in any instance, but there are few more life-threatening than when one is operating a motor vehicle. Not only is the driver in dire need of medical attention, but there is a huge possibility that a car accident will ensue. Where and when the emergency occurs can be the difference between someone striking a mailbox or drifting into oncoming traffic.
Medical emergency accident victims have endured enough. The last of their worries should be how to afford vehicle repairs and hefty medical bills. A medical emergency accident attorney can argue liability on behalf of the afflicted driver.
The “Sudden Medical Emergency” Defense
The multiple states that do not have a “no fault” law for car accidents recognize the “sudden medical emergency” defense. A successful case can free a driver from liability if an unforeseen medical emergency causes a car accident. The defense must assert that the sudden medical emergency was an episode beyond the driver’s control; therefore, negligence did not cause the accident. The claim requires the defense to prove that:
- The individual lost consciousness before the accident
- The loss of consciousness made the driver lose control of the vehicle
- The loss of consciousness was unforeseeable
Winning a Judgment
For a medical emergency to be deemed “sudden,” the individual must have had no opportunity to control or limit the medical emergency. If a driver experiences symptoms of a medical emergency occurring, he or she has the responsibility to pull over. If symptoms were present and ignored, the incident cannot be considered “sudden.”
The defense will also have to prove that the instance was unlikely and unpredictable. An individual who is made aware that a medical condition restricts them from driving and insists on driving can be deemed negligent. If a driver with no prior heart issues suffers a heart attack while driving, an attorney can successfully assert that the episode was unforeseeable.
If you were a victim of a medical emergency accident, you need an experienced attorney who can effectively defend your rights. Car Accident Cases can link you with an experienced medical emergency accident attorney in your area. He or she can argue liability on your behalf to prevent an unnecessary financial burden. Contact us today for a free case evaluation.
