In most cases involving a car accident, determining who was or was not at fault is easy to achieve. But in those situations in which the other driver underwent a medical emergency before the car accident, liability can be very complicated.
“Sudden Medical Emergency”
According to Jackson, MS accident lawyers, state law in general identifies the “sudden medical emergency defense,” that can absolve a driver from any liability if he/she suffers an unexpected medical emergency resulting in a car accident. Do you want more precise information on this matter by actually speaking to a legal representative? You should go right here: https://usattorneys.com/.
This includes an individual who had an abrupt medical emergency and did not act negligently. In such a situation, the at-fault driver should not be made accountable for an accident that was caused by a factor beyond his/her control. The driver should produce proof to indicate the following:
- The driver lost consciousness suddenly prior to the accident
- Loss of consciousness resulted in the driver losing control of his/her vehicle
- The loss of consciousness was due to an unpredictable medical emergency.
If the driver can successfully prove these things, their insurance company is not liable for any injuries and motor vehicle damage due to the accident.
Facts to be Established
First, the abruptness of the medical emergency should be established. This means that, experiencing a “sudden” medical emergency, the driver became unconscious by a wholly unanticipated medical event. Therefore, the driver didn’t have any opportunity to diminish the medical emergency. On the contrary, if the driver was aware of the symptoms and chose to ignore them, the medical emergency is not termed “sudden” and there is less their Jackson, Mississippi accident lawyer can do for them.
Then there are questions of predictability when determining the defense for sudden medical emergency to a specific car. If a driver without health issues suffers a heart attack when driving it is easy for the individual to put up a defense since the accident wasn’t predictable.
However, a driver who is already a heart patient, suffering from high or low blood pressure, cannot successfully invoke “sudden medical emergency”, as he or she has reason enough to foresee a sudden blackening out while driving. This is true for all drivers suffering from similar conditions and their Jackson, MS accident lawyers know they will have very little wiggle room on this one.
Paying for the Car Accident
According to Jackson MS accident attorneys, if a driver who could successfully assert “sudden medical emergency” in a car accident, they have no means of recovery for lawful car accident injuries as well as other losses.
Some states do not allow the “sudden medical emergency” defense in any car accident case. Yet some others states pursue a car insurance process termed “no fault”. Here, your own automobile insurance has to compensate for the injuries and losses after a car accident, whatever is the cause.
If you go through a state of medical emergency that ends up in an accident, you should inform your insurance company immediately. You can also meet with a physician to find out the cause for the medical emergency.
In case you are involved in an accident and the at-fault driver claims sudden medical emergency, it is time that you consult a Mississippi accident lawyer. There is a thin line between “sudden medical emergency” and only a prolific lawyer can ensure that your rights are duly protected.