Can A Driver Still Be At Fault After An Accident Involving A Medical Emergency?
Posted on: 23 November 2021
Some car accidents are the result of the recklessness of a motorist. But other accidents are entirely unavoidable and are caused by a motorist who has a medical emergency such as a stroke. If the driver claims that the accident was the result of an emergency, you will need to prove that the accident could have been prevented regardless of the medical emergency.
Medical Emergencies That Could Have Been Prevented
If an individual with no history of a stroke suddenly has a stroke without warning, they may not be responsible for the accident. However, if the driver already has a known medical condition and has been told by their doctor not to drive, they may be considered responsible for the accident.
The other party will also need to prove that they had a medical emergency that caused the accident. For example, if the medical emergency occurred as a result of the accident, such as if the driver had a heart attack that began immediately after the crash, the emergency would not have caused the accident and the driver might still be at fault if they were negligent.
Reasonable Care
The driver needs to show reasonable care regardless of the circumstances they were under. If a driver begins to experience the effects of a medical emergency and chooses to continue driving, they may still be held responsible for the accident. A driver who is not able to drive safely always needs to pull over to the side of the road.
To determine whether the actions taken by the driver were reasonable, you will need help from a car accident injury lawyer who can investigate everything that happened to determine if the other driver was at fault for your accident. Your attorney may need to obtain medical records from the other driver to disprove the claim that the medical condition was unforeseeable.
How to Seek Compensation for Your Injuries
You may be entitled to compensation for damages done to your car, lost wages, pain, suffering, and medical bills. Given how expensive medical bills can be, they might be the greatest expense you will face. You will need to prove that you are actually injured and that your injuries are the result of the accident.
Once you are able to connect your injuries to the accident, you will be able to pursue a settlement with the at-fault driver's auto insurance provider or take the driver to court.
For more information, contact a car accident attorney near you.
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