Car Accidents Caused By Medical Issues: 4 Questions To Ask Your Attorney
Car accidents that result in injuries and property damage can occur in a variety of ways, from another driver failing to stop at an intersection to texting while driving, but what happens when an accident is caused by a sudden medical emergency that affects another motorist? Meeting with a car accident attorney to ask a few questions about this type of situation may help you recover financially.
1. Is the Other Driver at Fault?
Some states operate under a rule that recognizes a sudden medical emergency as the cause of a car accident, such as a heart attack or a stroke. Under this rule, the driver who suffered the medical event cannot be held responsible because they did not act negligently or could not control his or her vehicle. In most cases, the driver must prove that he or she lost consciousness and had no control before striking your car.
2. What Defines a “Sudden” Medical Emergency?
If a driver claims that he or she had a sudden and unexpected medical emergency that caused an accident, the court will have to make decisions about the wreck by gauging the degree of the swiftness of the event. For example, if the driver felt an onset of symptoms while driving, such as shortness of breath or chest pains but failed to pull over, this may count as negligence, as it put you in danger.
3. Is Medical History a Factor?
You may be able to recover damages if the other driver has a known history of medical problems that may have affected his or her ability to drive safely. Some medical problems may prevent individuals from safely operating a motor vehicle, and if your attorney can prove that the other driver knew his or her medical condition could cause an accident, this may count as an act of negligence. This is often true of older drivers who do not want to give up their driving privileges despite one or more health issues.
4. Do Insurance Companies Get Involved?
If a driver causes an accident he or she claims was the result of a sudden and unforeseen medical emergency, the insurance company that covers that individual will likely investigate the crash and try to prove that the accident was unavoidable. Your insurance company may also conduct its own investigation and work with your attorney to help you recover monetary damages.
In some cases, car accidents caused by medical emergencies are unavoidable, but you may still have legal options. Contact an attorney such as Yearin Law Office today for further advice and information.