For the majority of car accidents, the fault is pretty obvious – the other driver was either negligently driving or recklessly driving. But in other situations, establishing liability is not as simple. For example, what happens if a person who was driving suddenly suffered a heart attack and caused a vehicle collision? What happens in those types of situations? Determining liability in those cases depends mostly on which state the accident took place and the defenses that could be used under those circumstances.
The sudden medical emergency defense is recognized in most states. Under this defense, a driver that suffers an unforeseen medical emergency can be relieved from liability if he or she were to cause an accident due to that medical condition. Because a person who experiences an unforeseen medical emergency did not know that it would happen, pinning them with negligence would be quite difficult, which would make it hard for them to be found responsible for the damages. When the fault is established in a vehicle crash, there must have been some form of negligence that caused the accident.
Car accidents resulting in injuries require a personal injury expert from one of Percy Martinez’s law firms. A victim who suffered an injury or death due to a car crash can receive compensation by the other negligent or reckless driver that did not exercise a duty of care while operating their vehicle.
Requirements for Sudden Medical Defense
Each state has their own requirements to use the sudden medical defense. Anyone who uses the sudden emergency defense has to prove the following in order to have a successful defense:
- Evidence that before the collision took place, the driver passed out
- Them passing out was the cause for their vehicle to lose control, and
- A sudden medical emergency was what caused them to pass out
If the driver is able to demonstrate the above conditions, then they would not be accountable for the accident because they can use this defense.. The driver must have suddenly experienced the unconsciousness. If they had symptoms prior to rendering unconscious, their responsibility is to pull over and call for assistance. The driver would not be able to use the sudden emergency defense if they disregard their symptoms and continue driving. In addition, the level of foresee-ability is also a factor in establishing a solid defense. If the driver had a history of heart issues and was instructed by their doctor to not drive alone will not be able to use this defense.
It may be time to seek an experienced Miami car accident attorney at one of Percy Martinez’s locations to assist the victim in combating the defense claims. Sometimes, a person claiming the sudden medical defense might not meet all of the requirements needed for this defense. The firm can help prove the contrary.
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