What do you do if you have been in a car accident and believe that a medical emergency was the cause? This blog post will discuss what to do if you believe a medical emergency caused your car accident.
What Is The Sudden Medical Emergency Doctrine?
The sudden medical emergency doctrine is a legal defense used in car accident cases. The defendant (the person who caused the accident) can use the defense if they can prove they had a medical emergency at the time of the accident. The medical emergency must have been sudden and unforeseeable, and it must have caused the defendant to lose control of their vehicle.
How Do I Prove That a Medical Emergency Caused My Accident?
You will need to prove a few things to use the sudden medical emergency defense:
- You must show that you had a medical emergency at the time of the accident. You can present medical records or testimony from a medical expert.
- You will need to show that the medical emergency was sudden and unforeseeable. This means that you could not have anticipated or prevented the medical emergency from happening.
- You will need to show that the medical emergency caused you to lose control of your vehicle.
If the driver’s sudden emergency defense was invoked because of an expected incident based on their previous or current medical history, the doctrine should not apply.
What Are the Potential Outcomes of Using the Sudden Medical Emergency Defense?
If you successfully use the sudden medical emergency defense, you will not be held liable for the accident. This means you will not have to pay any damages to the other party.
However, if you are unsuccessful in using the sudden medical emergency defense, you may be liable for the accident. This means that you will have to pay damages to the other party.
Sudden Medical Emergencies
Several different types of medical emergencies can occur suddenly and without warning. Some of the most common sudden medical emergencies include:
- Seizures
- Heart attacks
- Strokes
- Delusions
- Fainting
- Epilepsy
Hire A Personal Injury Attorney
If you or someone you know suffered personal injury in an accident, we can help you. Contact Saladino & Schaaf today or call 270-444-0406 (Paducah, KY) or 270-753-1529 (Murray, KY) to schedule a free case review. You may be entitled to a significant settlement for your car crash injuries, but you must act quickly.