What is the Sudden Medical Emergency Defense?
April 28th, 2022|
The sudden medical emergency defense is a defense that at-fault drivers may invoke to achieve the dismissal of a car accident lawsuit.
The defense is based on the premise that the defendant suffered from a sudden and unexpected medical emergency at the time of the incident and should accordingly not be liable.
What Are the Requirements for the Defense?
To be successful in this defense, the motorist must establish the existence of the claimed medical emergency and its unforeseeable nature through competent or expert medical evidence.
For example, if a motorist suffers from an unexpected heart attack, seizure, or stroke, that motorist may try to raise the defense. An attorney can help determine whether the defense can be overcome so that you can recover damages for pain and suffering.
Examples of Sudden Medical Emergencies
A heart attack is another medical condition that can lead to a sudden loss of consciousness while behind the wheel. Other sudden medical emergencies while driving include strokes, seizures, and diabetic emergencies.
These emergencies can lead to a car accident if the driver cannot maintain control of the vehicle.
Of course, some people have a history of strokes, seizures, or diabetes that can predispose them. Those people could know they are at risk for a medical situation and learn how to take steps to prevent that medical situation from happening when behind the wheel.
How Does the Defense Work in Practice?
If you are injured in an accident and the other party is trying to invoke the Sudden Medical Emergency Defense, an attorney will try to identify whether the motorist had a relevant medical history and whether the motorist did anything to create the emergency.
The defense is not available if the motorist created the emergency through their own actions.
Hurt in a Car? Call William Mattar
If you are injured in an accident and the other party is claiming the Sudden Medical Emergency Defense, it is important to consult a car accident lawyer who understands this defense and can help you do everything you can to defeat it.
Do not hesitate to contact an experienced personal injury attorney at William Mattar, P.C. to discuss your case by calling (844) 444-4444 or filling out our secure online contact form.
Every situation is unique, so it’s a good idea to consult with a car accident attorney who can examine the facts and decide who may be responsible for your damages.