We can all agree that a motorist should be held accountable for any automobile accidents and injuries that they may cause if they choose to text while driving, drive while intoxicated, violate traffic regulations, or act in any other reckless or negligent manner while operating a motor vehicle. What about a motorist who causes a collision as a result of a heart attack or another unanticipated medical emergency? Can they be held accountable?
While it is unquestionably not a person’s fault when they get sick or have a heart attack, this does not absolve them of all liability for any accidents they may cause. It now becomes a matter of knowing beforehand. Keep reading to learn more and then contact Law Offices of Fernando D. Vargas at 909-982-0707 for a legal consultation with a personal injury attorney.
How to recover damages if you are the victim of a car accident caused by someone else’s health emergency
Victims must show that the driver had a good reason to believe that it was unsafe for them to drive owing to their health condition, but nonetheless opted to get behind the wheel in order to be awarded compensation for injuries brought on by their actions.
In order to do this, a personal injury lawyer for the victims could seek for information to resolve the following issues:
- Was this the driver’s first instance of experiencing the symptoms that led to the collision? Or did they have an illness that was already recognized to exist, like epilepsy, diabetic seizures, etc.?
- How frequently did medical crises happen, and when was the most recent one?
- What steps—if any—had the driver taken to ensure that their medical condition would not lead to an accident?
To find out the answers to these questions and to distinguish between a genuine, unforeseeable medical emergency and an emergency that was actually caused by the driver’s own negligence, a thorough investigation into the medical background of the allegedly at-fault driver as well as the circumstances of the accident will be required.
An example of negligence
For instance, the first diabetic seizure a person has is a serious medical emergency. There was no way they could have anticipated the danger they took while getting behind the wheel if they had never been diagnosed with diabetes.
Let us imagine that despite having a diagnosis, they have been effectively treating their diabetes with insulin for years. Once more, they would not have had any reason to believe they were at danger of having a seizure.
However, if the person had been diagnosed with diabetes, was predisposed to seizures, and was known to frequently forget to take their insulin and this forgetfulness led to them having a seizure while driving, they would likely be held responsible for any injuries sustained as a result of their negligence in managing their health to maintain their capacity to drive safely.
Want advice on a case involving a car accident?
Call 909-982-0707 to get in touch with Law Offices of Fernando D. Vargas. Attorney Vargas will assist you in deciding how to proceed with your case since he has expertise with even the most complicated automobile accident situations.