Who is Responsible for a Car Accident Caused by a Medical Condition?
September 27, 2021
When it comes to determining the cause of a car accident when medical conditions are involved, liability becomes complicated. If the medical condition is undiagnosed and the driver caused the accident because of a seizure, there is no way they could have known that something bad would happen. This would clearly deem the driver not responsible for the accident.
If a medical condition is diagnosed and the driver is known to have seizures, heart issues, or other health complications, the situation changes. When there is risk involved with that driver taking to the road, that driver then creates an unsafe situation. In this case, the driver would be held responsible.
If someone is injured in a car accident, an experienced lawyer will help them with their claim process in order for them to receive the appropriate compensation.
What are Some Medical Conditions that may Cause Driving Risks?
Medical conditions that have been deemed risks are diabetes, heart disease, seizure disorder, and poor eyesight. Although many people who have these conditions are able to drive, there is a chance that medications they take or their own reactions to their conditions may impair their ability to operate a vehicle.
How is Fault Determined?
There is no set standard method in which fault is determined. Every case is unique, and the extent of medical conditions, severity of one’s injuries, and whether intentional negligence was an issue are all contributing factors.
A judge will review each case to determine the severity of the situation while including testimonies from cardiologists, neurologists, and other medical professionals to decide if the driver was aware of their condition.
What if a Driver is Aware of the Medical Condition and Caused the Accident?
If a driver was aware of the medical condition, the judge will decide whether the motorist stopped taking their medicine or failed to follow treatment protocol for their medical condition. When a driver is aware of their medical condition and fails to take the appropriate medication, they are more likely to be held accountable for the accident. The judge can also determine that the specific health condition had nothing to do with the car accident and should not be considered when determining liability or fault.
What is the Sudden Emergency Defense?
The sudden emergency defense is a defense strategy some drivers use. This is when a driver causes an accident and is unaware that they suffer from an undiagnosed medical condition. The process of securing compensation for injured victims can be complicated in this situation. No negligence must be proved because the accident was beyond the driver’s control. As a result, the driver should not be required to pay compensation to the injured victim. To claim this defense, the driver who caused the accident must prove the following:
- Sudden loss of consciousness.
- Unconsciousness and resulting loss of control are the result of a medical emergency.
- Sudden medical emergencies.
- Medical expenses related to the injury.
Philadelphia Car Accident Lawyers at Nerenberg Law Associates, P.C. Help Those Involved in Accidents Caused by a Medical Condition
If you or a loved one was injured in a car accident caused by a medical condition, reach out to the Philadelphia car accident lawyers at Nerenberg Law Associates, P.C. We can help you seek compensation for your medical expenses, pain, and suffering and will explain the various steps along the process. Call us today at 215-569-9100 or contact us online for a free consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.