Car accidents happen for a variety of reasons, which includes negligent or reckless driving, bad roads, visibility and other bad driving conditions, mechanical failure, drunk driving, failing to follow traffic rules, and sometimes because the driver suffers from a sudden medical emergency.
States follow fault rules, no fault rules or comparative fault rules when it comes to car accident litigation. However, the question we will address today is how a car accident case is legally perceived and handled when caused due to a medical emergency? Is it considered fault? Who is liable for the damages?
The “sudden medical emergency” defense
According to leading accident lawyers in Birmingham, AL, most states recognize the sudden medical emergency defense. If this defense is used in the right way and proved then it will ensure that the driver is not held liable for any of the damages caused as a result of the car accident. However, it is the defendant and his or her legal counselor’s duty to prove that they suffered a sudden and unforeseen medical emergency which led to the auto accident.
If proven, this defense basically entails that the driver did not act negligently in anyway and that the car accident was caused by something unexpected and beyond their control and so they cannot be held liable for the accident. Since it is derived that negligence was not a factor in the accident, it is also deemed that there was no fault on part of the driver either, explain Alabama accident attorneys.
Burden of proof
Any defendant who wants to use the sudden medical emergency defense will carry the burden of proof to establish the following, as per Birmingham, AL accident lawyers.
- The defendant unexpectedly lost consciousness prior to the actual auto accident or collision
- This loss of consciousness is what resulted in the driver losing control of the car and causing the car accident
- The loss of consciousness was the result of a sudden or unexpected medical emergency
For the most part, it is not exactly a walk in the park to establish these details in trial in front of a judge or jury. You will most certainly require the assistance of an accident legal representative. Your legal professional will be able to acquire the help of medical experts and have them testify in your favor which will add a great amount of credibility to your defense.
However, please note that there may be subtle differences in the law between different states and so it is extremely important that you are familiar with the requirements in your particular state and hire a legal assistance who is licensed to practice in that state.
This is not like Transformers who can fight in any state and all over the world. This is not like The Expendables with Barney Ross (Sylvester Stallone) who can fight anywhere in the world and have. This is not like Star Trek who fight all over the universe in the name of freedom and honor. In a legal case in America, you have to have legal help from someone who is licensed in that state.
Now Barney Ross is not really licensed in any state or country to subdue and kill enemies, he just does it with the help of his team. The Autobots in Transformers 2 were sanctioned by the US government to kill Decepticons wherever they found them with the help of a Special Forces team who knew how to combat NBEs or non-biological extraterrestrials. You need to find legal help who knows the accident laws in your state. Not only is this logical, it is the law.
You could consult one of our Alabama accident lawyers right now to make sure that you do not end up paying for a car accident which was never your mistake or fault in the first place. This is where USAttorneys.com needs to enter your life!
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