Who is in Fault in an Auto Accident Caused by a Sudden Medical Emergency?
The majority of accidents that occur in the US are caused by a motorist’s negligence. When this type of situation occurs, determining who is at fault is actually pretty easy. However, what happens if someone has a seizure, heart attack or suffers some other type of medical emergency while they are driving, resulting in them losing control of the vehicle and crashing into someone?
The question is, will the person who suffered the unexpected medical emergency be considered liable? The answer is dependent on the situation. It is best to retain the services of a Marion medical malpractice attorney to find out for sure.
Defending a Sudden Medical Emergency Accident
If you have been accused of causing a personal injury to another drive, then you may use the defense of an unexpected medical emergency if the situation occurred right before the accident. In some cases, the defense can absolve the driver of liability for the accident. However, they must meet certain criteria to avoid being held liable. The defendant and their Marion medical malpractice attorney must prove:
- That they lost consciousness before the crash occurred
- That the medical situation was unpredictable and resulted in them losing consciousness
- They were unable to control the vehicle due to the medical emergency
What is Considered a Medical Emergency?
There are several situations that are considered to be medical emergencies including drops in blood pressure, strokes, seizures, mental delusions, heart attacks, fainting, diabetic episodes and a bad reaction to certain types of medications.
If you have been involved in an accident after a sudden medical emergency, then it is a good idea to enlist the services of a Marion medical malpractice attorney. They can help defend your case and protect your rights.
Learn more about hiring an attorney by visiting the Tom Riley Law Firm website.