When your car accident is caused by a medical condition, you may be at fault. In some states, driving with a medical condition that puts others on the road at risk can be against the law, as you may have limitations on your ability to drive. However, sometimes a medical condition you did not know about occurs unexpectedly while you are behind the wheel, so what happens then? Here’s a general guide for those who get in an accident because of a medical condition.
When the Driver Is At Fault
Someone with a medical condition that is commonly known to make driving unsafe may be found liable for the accident. Since they were out driving with knowledge of their impairment, they were disregarding the safety of others. Pre-existing medical conditions can include bad eyesight, heart conditions and seizures. If you drive with one of these conditions, you may be considered at fault. However, the process to prove that your known medical condition caused the accident can be a long one that involves health professionals.
When the Driver May Not Be At Fault
If the driver did not have a preexisting condition or have any knowledge of a medical issue, they may not be at fault for the accident. There are certain standards an emergency medical event has to meet to relieve the driver of fault. If the event occurs so quickly that the driver has no time to react before falling unconscious, they cannot be held liable. Determining whether the driver is at fault can be challenging, as there are a number of factors that happen in the vehicle right before the crash that are not recorded or accounted for.
How to Proceed
If you are in a car accident because of a sudden medical emergency, contact an attorney to discuss your case. There is a likelihood that your case will go to trial, especially if you seriously injured someone else in another vehicle. Talk to an attorney who works specially with situations involving medical issues. They can build your case, gather proper expert witnesses and defend your stance.
If you were injured by someone who suffered from a medical event, you can also talk to a car accident attorney like one from Kamper & Estrada, PLLC to see what you can do to get compensated. If the driver is not found liable, you may have a harder time getting money for your recovery, so don’t be afraid to reach out to an attorney for advice on what to do.