A sudden medical emergency does not necessarily excuse drivers from liability.
We all agree that a driver who chooses to text while driving, drink and drive, break traffic laws, or otherwise behave recklessly or negligently behind the wheel should be held liable for any car accidents and injuries that they may cause. But what about a driver who causes an accident because they suffer a heart attack or other sudden medical emergency? Should they be held liable?
While it is certainly not a person’s own fault when they suffer a heart attack or become ill, this does not necessarily excuse them from all responsibility for any accidents they may cause. The question becomes one of foreknowledge.
In order to recover compensation for injuries caused by a health-impaired driver, victims must prove that the driver had a reasonable basis to anticipate that it was not really safe for them to drive due to their health condition, yet decided to get behind the wheel anyway.
To this end, a personal injury attorney representing the victims might look for evidence to answer the following questions:
- Was this the first time the driver suffered the type of symptoms that caused the accident? Or did they have a known medical condition such as epilepsy, diabetic seizures, etc.?
- If there were medical emergencies, how frequently did they occur and how recently was the last one?
- What measures—if any—were taken by the driver to prevent their medical condition from causing an accident?
A detailed investigation into both the medical history of the allegedly at-fault driver and the circumstances of the accident will be necessary to answer these questions and differentiate between a true, unforeseeable medical emergency and an emergency actually occasioned by the driver’s own negligence.
For example:
A person who suffers their first ever diabetic seizure has suffered a true medical emergency. If they had never been diagnosed with diabetes, there was obviously no way they could have foreseen the risk they assumed when getting behind the wheel.
Now say they had been diagnosed, but had been successfully managing their diabetes for years with insulin. Again, there would not have been reasonable cause for them to assume they were at risk for a seizure.
However, if the individual was a diagnosed diabetic who was prone to seizures and who was known to often forget to take their insulin—and this forgetfulness caused them to have a seizure behind the wheel—they would likely be liable for any resulting injuries because they were negligent in managing their health to maintain their ability to drive safely.
Need Advice about a Car Accident Case?
Contact the Law Offices of Fernando D. Vargas at 909-982-0707. Attorney Vargas has ample experience handling even the most complex of car accident cases and he will help you determine the best way to move forward with your case.
