Medical Emergencies and Car Wrecks: 4 Questions for Your Lawyer
Most car accidents have an obvious cause, such as one driver speeding, distracted, or under the influence of alcohol or some other substance, but what happens when a crash is caused by a sudden medical emergency? A heart attack, stroke, or blood pressure issue could cause a driver to lose control of his or her vehicle, and when this causes you an injury and property damage, there are a few questions to ask an attorney when seeking financial compensation.
1. Is the Other Driver Immediately Responsible?
If the driver who hit you claims that a sudden medical emergency caused the accident, then you may have little recourse when it comes to filing a lawsuit. However, this defense is not always airtight and there may be several conditions present. These conditions may be whether the driver knew of his or her medical condition, was taking the proper medications that do not inhibit the ability to drive and that if he or she lost consciousness, it happened before the impact. If any of these instances are in doubt, you may be able to proceed with your lawsuit.
2. Was the Driver Aware of the Medical Condition?
In some cases, otherwise healthy individuals can experience a stroke, heart problems, or other medical problems that cause them to lose control of their vehicles. In other cases, they may be aware of their medical problem and choose to drive despite the risk or against their physicians’ advice. If this is the case, you may have a case if the driver who hit you knew about his or her medical problems and should not have been behind the wheel.
3. Do All States Follow the Same Medical Emergency Laws?
Depending on your state of residence, the local courts may not recognize the sudden medical emergency defense, in which case the driver or his or her insurance company may have to compensate you for your injuries. Other states follow the no-fault insurance clause, where your insurance pays for the damage to your car and your medical bills. Your attorney can help you discover which state and local laws apply to your case.
4. Is Liability Difficult To Prove?
If you are able to proceed with your lawsuit, you may want to ask your lawyer about your burden of proof and what kind of evidence he or she might present that can support your case. While no two cases are alike, understanding the degree to which you must prove fault may help you feel more positive about the outcome.
A serious car accident can change your future forever, but you do not have to face the future alone. Contact a car accident lawyer for further assistance and information from a firm like Greenspan & Greenspan P.C.