A typical car accident can quickly turn a routine drive into an emergency. However, when a driver experiences a sudden medical emergency behind the wheel, the car accident becomes complicated by legal issues. Knowing what a medical emergency is and what to do when these types of accidents happen is important.
What Constitutes a Medical Emergency in Car Accidents?
A medical emergency in car accidents occurs when an unexpected medical condition prevents a driver from properly controlling the vehicle. That lack of control results in an accident that would have otherwise been avoidable.
Below is a list of common medical emergencies that can cause accidents:
- Heart attacks can cause drivers to lose consciousness or control of the vehicle. The CDC reports that approximately every 40 seconds, an American will have a heart attack.
- Seizures can cause uncontrolled muscle movements that prevent effective steering or braking. The CDC estimates that 1 in 10 people in the United States may experience a seizure in their lifetime.
- Strokes can cause paralysis, vision issues, or cognitive impairment. According to the American Stroke Association, about 795,000 strokes occur annually in the U.S.
Legal Considerations in Medical Emergency Accidents
When accidents like these occur, attorneys can use the sudden medical emergency defense. This argument states that the driver is not liable for the accident because of an unexpected medical emergency. For this to be accepted as a defense, it must be proven that the medical event was sudden and unavoidable.
Courts look very closely at the person as well s the evidence used to validate this defense. They may ask questions such as:
- Was the driver feeling bad before getting behind the wheel, or did the illness happen suddenly?
- Did the driver black out before or because of the accident?
- Do the driver’s medical records show that the illness has been a longstanding medical problem?
Steps to Take After an Accident Caused by a Medical Condition
The following are some steps to take immediately after car accidents caused by medical emergencies:
- If you can, move to a safe area and check for injuries.
- Call 911 to report the accident and request medical help.
- Seek medical attention immediately.
- Request copies of all medical evaluations and treatments.
- Contact a personal injury attorney.
How a Personal Injury Attorney Can Help
Personal injury lawyers help you by developing a strong argument to establish a case that supports your defense. They gather all relevant evidence, including medical records, accident reports, and eyewitness testimonies.
Your attorney can also handle negotiations with insurance companies. And if the case goes to trial, attorneys make sure you are represented effectively. Insurance companies and other parties are working for their own interests. Having a personal injury attorney on your side can help prove you are not liable and protect your right to remain insured.
If you or a loved one has been involved in a car accident caused by a medical emergency, contact the experienced attorneys at Timberlake, League & Brooks. We can help.
