If you are involved in a car accident in which the other driver had a medical emergency while driving, it might be difficult for you to recover payment for your damages and injuries. The driver could rely on the "sudden medical emergency defense." Before taking action, you need to know what the defense entails and what legal options it leaves you.
Sudden Medical Emergency Defense
Depending on the state in which you live, there is a possibility that the driver responsible for the accident in which you were injured might not have to pay for your injuries. Some states allow the sudden medical emergency defense.
The argument for the defense is that the driver is not liable for the accident because he or she had a medical emergency. In order to use this defense, the other driver has to show he or she lost consciousness and was unable to control the car as a result. The driver also has to show that he or she was not suffering from a recurring illness, but that it was an unforeseeable medical situation.
Drivers who have a history of certain medical conditions cannot use this defense. For instance, a person who suffers from epilepsy who has a history of experiencing seizures cannot use this defense if he or she had a seizure and lost consciousness. In this instance, you could argue that the other driver was fully aware that it was possible to experience a seizure and should not have been driving.
If your state does recognize the sudden medical emergency defense, chances are the other driver will not have to pay for the accident. If you live in a state that allows no-fault car insurance claims, you could file a claim against your own insurance to pay for your damages.
If you suspect that the other driver was not suffering from a medical emergency, you will need to disprove his or her claim. For instance, if there are witnesses that could clearly see the driver at the time of the accident who can definitively state that he or she was conscious, it could possibly help your case.
Since laws vary by state, it is important that you consult with an experienced car accident attorney in your state. He or she will be familiar with whether or not the sudden medical emergency defense is allowed and help you determine what actions are available to you.Share
11 November 2015
After you have endured a traumatic, life-changing car accident, it can be hard to transition back into your everyday routine. As friends and family members chat about upcoming outlet mall sales or holiday plans, you might be secretly worried about how to pay your medical bills or forget about that wreck. Fortunately, dealing with your car accident case proactively by working with an attorney can really help. After I was involved in a car accident a few years back, my attorney stood by my side and helped me to argue for what was rightfully mine. I made this website to teach others what to do if they are involved in an accident.