Car accidents happen for many reasons. Some of these reasons are from things that are within the driver’s control, while others are not. For instance, if one of the drivers involved had a medical emergency shortly before the accident occurred, and the medical emergency was the reason for the accident, that fact can suddenly affect the case.
However, what does that mean for filing a claim if you were injured due to the other driver’s medical emergency? We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
The Sudden Medical Emergency Defense
Most states recognize a defense called the sudden medical emergency defense, which relieves a driver from liability if they have an unforeseen medical emergency that leads to an accident.
The reason behind the defense is that a person who has a sudden medical emergency without notice has not acted with negligence and has not breached his or her duty of care to those on the road. Therefore, that person should not be held responsible for an accident that was caused by circumstances outside of his or her own control.
Burden of Proof on Driver At-Fault
However, this defense is not automatic. It is upon the driver who suffered the medical emergency to prove the defense. He or she has the burden of proof to show the following evidence:
- That the driver lost consciousness before the accident occurred;
- That the loss of the driver’s consciousness was the reason the driver lost control of the car; and
- The loss of consciousness happened due to an unforeseeable medical emergency.
If the driver proves all three of these elements, either to his or her insurance company or to the court, then that driver may not be financially responsible for damages caused by the accident.
The Medical Emergency Was Sudden
The medical emergency needs to have been “sudden,” meaning that the driver had no reason to believe he or she was about to become incapacitated. The event was so sudden that he or she did not have a chance to mitigate the medical emergency.
If the driver was experiencing symptoms before the emergency happened that would have given a reasonable person warning that something was happening and that he or she would need to pull over to the side of the road to avoid the accident, the defense could not be raised because the medical emergency cannot be said to be “sudden.”
The Medical Emergency Was Not Foreseeable
If the unforeseen medical emergency defense involved a heart attack, did the driver have a history of heart problems? Would he or she have had a reason to believe that a heart attack could be possible?
If the driver has been seeing a doctor regularly because of heart issues, had been warned to not get behind the wheel but did say against doctor’s orders, he or she could not argue that the medical emergency was not foreseeable.
The same would happen if the driver was a diabetic who had not eaten for hours and knew that his or her blood sugar could quickly drop, causing a loss of consciousness.
Who Pays for the Accident?
If the driver who suffered the medical emergency is successful in proving his or her defense, that means that he or she will not need to pay for the damages caused by the accident.
Does that mean that the driver who was injured but was not at fault has to pay for injuries and damages sustained from the accident? Unfortunately, yes, that means the driver would be responsible for damages under his or her own insurance policy.
No-Fault Insurance
In twelve states in the U.S., fault is not a question when it comes to a car accident. These states are considered “no-fault” insurance states, and in these states, each driver has to file a claim with his or her insurance agency, regardless of fault.
Along those lines, if the other driver has a medical emergency that caused the accident, it does not matter. Each driver would file a claim on his or her own policy no matter what. For the remainder of the states where fault is a consideration, the sudden medical emergency defense can be raised.
Contact an Attorney Today
If you have been in a car accident and the other driver suffered a medical emergency before the crash happened, it is recommended you contact an attorney to ask any questions you may have.
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
