Urban roadways are full of unexpected things, not all of which are pleasant. Seizures and unexpected medical situations increase worries regarding the health and safety of the driver. The person who had a seizure may elicit empathy from the accident victims. However, these victims could be asking about financial reimbursement for their healthcare costs and injuries. A knowledgeable lawyer can help you assess your legal options if you suffered injuries in an accident that was triggered by a medical emergency.
It is essential to have a skilled Hialeah Personal Injury Attorney at your side due to the complicated nature of liability in accidents caused by seizures and other medical disorders.
What To Do If You Are Involved In A Car Accident Caused By Sezuires or Other Medical Conditions?
Whether the collision was reasonably foreseeable establishes the standard for medical event auto accident liability. Once the injured party demonstrates that the other driver’s negligence caused the crash, the other driver must make an unexpected medical event defense. To set up the defense, follow these steps:
- A driver suffers unconsciousness or becomes incapacitated.
- Driver negligence is not the cause for the unconsciousness or incapacitation. There was no reason for the driver to be mindful that a medical emergency was going to happen.
- It was a sudden loss of consciousness. It was too fast for the driver to see coming.
Who is at fault when a seizure or other medical condition results in an automobile accident?
Driving could be dangerous for people with epilepsy who have had recent seizures in previous years. A driver’s license may be issued to an individual with epilepsy if their doctor approves it and they have not experienced a seizure in the last six months. However, a lot of people do not disclose their seizures so they can continue driving. The person who had the seizure can be liable for your accident-related damages if this is the case and the negligence caused your accident.
However, if the seizure or other condition was unexpected and sudden, the driver might be protected from responsibility under the State’s Sudden Emergency Doctrine. This law stipulates that if an individual was incapacitated or lost consciousness before an accident without their fault, they cannot be held responsible for the accident.
Fortunately, in some instances, you can file a no-fault claim with the insurance company you have and seek monetary compensation for your losses. When determining whether this rule applies to your situation and the right course of action to seek justice, your attorney may inquire into your accident.
