Car Accident Lawyer

While many car accidents are caused by human error — running a red light, texting while driving, or being intoxicated — some occur due to medical conditions over which there is no control. In these cases, the condition becomes an emergency behind the wheel, inadvertently causing a collision that was not due to negligence on anyone’s part. If you find yourself responsible for a crash because of a sudden emergency, you will have to prove that the condition caused the crash and therefore not your fault.

Proving a “Sudden Medical Emergency”

Many Americans face problems with medical conditions daily, but they vary in severity and sudden onset of symptoms. These sudden events, such as heart attacks, seizures, strokes, and hypoglycemic episodes, can happen behind the wheel and cause an accident. In order to be found not guilty of negligence due to the sudden condition, the defendant must prove that the condition caused him or her to lose consciousness and control of the vehicle. He or she must also prove that the sudden onset of the condition was not previously known.

Proving the Condition Was Sudden and Unforeseeable

Navigating the tricky issue of foreseeability is necessary to disprove negligence. If it’s found that the defendant knew about the potential sudden effects of his or her condition and chose to drive anyway, he or she carelessly ignored the known risks. The defendant needs to prove that the condition happened so suddenly he or she did not have time to recognize the symptoms and pull over safely.

It’s possible that the defendant knows about his or her condition, and a doctor determined whether he or she was fit to drive. If the defendant was told not to drive because a sudden incident could cause loss of vehicular control, then the driver would be found guilty of negligence for putting others on the road at risk.

Finding a Lawyer for Representation

The laws on “sudden medical emergency” vary from state to state, so it’s essential to find a lawyer with ample experience and a record of successful cases to represent you. He or she should be well versed in the laws of your state and have a good sense of whether your case can hold up in court.

A medical condition should never keep you from living your best life, but in the case that it causes an accident, don’t hesitate to reach out to a car accident lawyer in Memphis, TN. Having someone to deal with the complex issues surrounding medical conditions will free up time for you to handle more important things.

Thanks to Darrell Castle & Associates, PLLC for their insight into personal injury claims and car accident injuries.