Car Accident Caused by Medical Emergency

In this context, a medical emergency refers to a situation where one party develops a medical condition that prevents them from taking control of the vehicle, leading to an accident.

Some common examples of medical emergencies in a car accident case include:

Heart Attacks

This condition occurs when an artery that transports blood and oxygen to the heart is blocked. Heart attacks can also be caused by severe spasms or sudden contractions of a coronary artery, preventing the flow of blood to the heart muscle.

Stroke

A stroke occurs for many reasons, but a blocked artery and an exploding blood vessel are the most common. Other possible causes include diabetes, heart disease, and high blood pressure.

Delusions

Delusional disorder is quite common among individuals who have epilepsy, Alzheimer's, obsessive-compulsive disorder, delirium, and schizophrenia.

Seizure

Some causes of seizures include electric shock, epilepsy, brain damage or infection, drug abuse, and abnormal levels of glucose or sodium in the blood.

The issue of liability is usually difficult to solve when it comes to these kinds of accidents, especially if you do not have an attorney by your side. To prove liability, you must establish that the defendant was negligent or that the accident was foreseeable.

Many factors come into play when determining negligence in such a case. Generally, courts will consider the following key factors:

Timeframe

The court will examine the timeframe between when the driver suffered a medical emergency and when the accident occurred. While there is no specific amount of time the court should consider to determine negligence, the purpose of analyzing the time frame is to determine whether the driver had enough time to stop or prevent the accident. For example, let's say the driver started showing warning signs for an hour before the accident happened.

In that case, the court will rule that the driver had more than enough time to stop driving the vehicle and seek medical attention. Instead, they kept driving and eventually caused the accident.

Totality

The court will also look at the totality of the circumstances that led to the accident. One of the factors that could come into play here is whether the driver had a complete loss of control of the vehicle before the accident occurred. If they had partial control of the vehicle, good enough to stop it or prevent the accident, they might be liable for the accident.

Foreseeability

The issue of foreseeability is yet another important factor the court will consider before deciding on such a case. One of the key questions that would arise in such circumstances is whether the accident was foreseeable. If the accident was foreseeable, then the driver could be held responsible for negligence. For instance, suppose the driver knew or should have known that they should not drive for medical reasons, but they still did it anyway, causing the accident as a result. In that case, the driver will be held responsible for the accident.

The key argument here is that the driver should not have been driving in the first place. Therefore, choosing to drive under such circumstances amounts to negligence.

The specific circumstances of the case will determine who pays the bills. For example, states like Washington allow drivers to use the sudden mental incapacity defense in such cases. Such a defense will claim that the driver could not control the vehicle when the accident occurred due to a sudden medical emergency. However, to prove this claim, the driver must also establish that they were not negligent, as discussed earlier.

If the driver successfully proves this defense, they cannot be liable for the accident. And when you live in an at-fault state, you will not be able to recover compensation from such a driver. However, keep in mind that this does not mean you cannot recover damages; rather, you may be barred from recovering from that specific driver's insurance company.

If the accident occurred in a no-fault state like Florida, you can still recover damages through your own auto insurance company. This is because no-fault states require insurance companies to file a claim with their own insurer first. Then, if their coverage is insufficient to pay their medical bills and other expenses derived from the accident, they can file a separate claim with the other party's insurance provider.

Suppose the accident occurred in an at-fault state, but the other driver files a successful sudden medical emergency defense, preventing you from recovering damages from their insurer. In that case, you can still recover from your own insurance provider if you have Personal Injury Protection insurance.

As the name suggests, personal injury protection insurance is designed to protect you and the passengers in your vehicle if you get injured in an accident, regardless of fault. This insurance covers your medical bills and lost wages after the accident.

Yes, it does. In fact, it is one of the first things the court will look at when a driver asserts a sudden medical emergency as a possible defense in such a case. When reviewing the driver's medical history, the issue of whether or not the driver knew or should have known about their medical condition will come into play.

For example, suppose you were diagnosed with a particular medical condition but failed to follow up with your doctor for medical treatment. In that case, you may be liable if you caused an accident due to the medical condition you were earlier diagnosed with but failed to seek the recommended treatment.

The same applies if you fail to follow a prescribed treatment. For example, let's assume you were diagnosed with a heart problem and required to take certain medication every day to lower your risk of heart attacks. If you failed to take the prescribed medication, decided to drive, and suffered a heart attack while driving, you may be liable for the accident.

Lastly, if the doctor specifically advised you not to drive, but you did it anyway, you will likely be liable for the accident caused by a sudden medical emergency.

If the other driver caused the accident, your attorney would request their medical reviews for further review. When reviewing these records, the car accident lawyer will want to determine whether the driver:

• Had a pre-existing medical condition;
• Was taking medication for the pre-existing medical condition; and
• Had been advised against taking certain medications at the time of the accident.

Not all states recognize the sudden medical emergency defense. Examples of states that do not allow this defense include Alaska, Colorado, and Hawaii.

A sudden medical emergency defense can change the trajectory of an entire car accident case. And when that happens, the most important thing is to ensure you get the medical treatment you need and deserve. An experienced attorney will review your case and determine various options available to help you get treatment.

In most cases, if you have a valid case against the other party and need urgent medical treatment, the attorney can help arrange for this kind of treatment even if the case has not been settled yet. Experienced car accident lawyers usually have a network of professionals, including doctors, they can turn to when their clients need urgent treatment.

In return, the client will sign an agreement with the medical professional allowing them to deduct a portion of the settlement to settle medical bills once the case has been decided. However, it is important to note that the attorney will set up such an arrangement only when they are sure you have a valid case against the other party. This also explains the importance of having an experienced attorney review your case before filing a claim.

The attorney can also help you explore other options for securing treatment. For example, you may be eligible for treatment through your own personal insurance, or Medicaid, among other options.

Although a sudden medical emergency is a possible defense against a car accident claim or lawsuit in some states, it does not apply in every situation. The first thing you need to know is that some at-fault drivers might assert this defense even if it is not permissible in that particular state.

The other thing is that not all sudden medical emergency defenses are factual. Some at-fault drivers will use this defense to avoid responsibility for the accident. For this reason, the best thing to do if you or your loved one has been injured in such an accident is to contact an experienced car accident attorney. This applies whether or not they assert the sudden medical emergency defense.

An experienced attorney will evaluate the unique circumstances of the case to determine whether the other driver's claims are valid. And if they are invalid, the lawyer can help hold them accountable for the accident, allowing you to recover your much-deserved compensation. And even if their claim is valid, the car accident lawyer might be able to help you obtain compensation from other sources, as discussed earlier.

If you are looking for an experienced car accident attorney to fight for you or your loved one, look no further than Morgan and Morgan. Here is why:

Morgan and Morgan is the largest personal injury law firm in the country. We serve clients from coast to coast.

We have a solid track record of winning cases, big and small. So far, we have helped our clients recover over $13 billion as compensation for their injuries due to someone else's negligence.

Our firm consists of over 800 personal injury attorneys. For this reason, you can rest assured that an army of lawyers is ready to fight for you and protect your best interests.

In addition, we have powerful legal resources to fight for our clients. For this reason, we do not settle for anything less than what they truly deserve.

Our lawyers are never afraid to go to court if the other party refuses to settle out of court.

You may be entitled to damages even if the at-fault driver asserts this defense. However, your chances of recovering damages in such a complex case significantly increase when you hire an experienced and competent attorney. If that is what you are looking for, Morgan and Morgan is always ready to help. All you need to do is fill out our free case evaluation form.