Car accidents caused by unexpected medical emergencies, while rare, can be complex. When the driver responsible for the accident experienced a sudden onset emergency, it stands to reason that they should not have to pay for the damages caused. However, that leaves the other parties who sustained injuries or damage with few options for recovering their losses. Let’s discuss the legal intricacies of accidents caused by medical emergencies.
The Doctrine of Imminent Peril
Also known as the doctrine of sudden emergency, this legal principle allows for the dismissal of liability in an accident caused by a medical emergency. The doctrine of imminent peril can be used as a defense by someone who caused an accident due to an unforeseen health crisis. For example, if someone has a stroke while driving and fails to stop at a red light, they may be exempt from liability for the ensuing damage.
Exceptions to the Doctrine of Sudden Emergency
Exceptions exist for pre-existing conditions due to a history of insurance companies abusing the doctrine. For instance, should a driver with a known history of seizures cause an accident, they cannot use the defense of a sudden medical emergency.
Claim Denial Due to Medical Emergency
After an accident caused by another road user, the at-fault driver may claim they were incapacitated by a medical emergency. Their insurer may use the imminent peril doctrine to deny your claim seeking compensation. However, the driver and their insurer are responsible for proving their defense through credibility, timing, and foreseeability.
Credibility
First, the other driver must demonstrate credibility by providing evidence of their medical emergency. Proof may include medical records, specialist reports, and prescriptions dated after the accident. If there were passengers, they may also testify to the validity of the driver’s medical emergency.
Timing
Next, the responsible driver must provide details about their symptoms and how long they experienced those symptoms before incapacitation. If the driver experienced symptoms with enough time to pull over but chose not to, their sudden emergency claim may be void.
Furthermore, they must show evidence that the incapacitation occurred before the accident, not because of it. For example, if the driver had a sudden heart attack, did it cause the accident, or was the attack caused by the accident?
Foreseeability
Lastly, a key consideration of medical emergency defenses is whether the driver was aware of a pre-existing condition that could cause sudden incapacitation. For example, conditions like epilepsy or postural orthostatic tachycardia syndrome (POTS) can result in sudden seizures, fainting, and blackouts. When drivers know they have a condition and still use public roads, they cannot use the sudden emergency defense.
Who Pays in the Case of a Legitimate Emergency?
The at-fault driver may be absolved of any financial liability for the accident damages if they can prove they had a legitimate medical emergency. In such a situation, the at-fault driver seeks damages from their own insurance provider, and the injured party seeks damages from theirs. Compensation is handled similarly to an uninsured at-fault driver.
In no-fault states, drivers’ insurance covers their damages regardless of who caused the accident. In California, we use the at-fault system in which the at-fault driver must be identified before any compensatory payments can be made. If you are in an accident in California, be prepared to present adequate evidence before you can receive compensation.
The Importance of a Personal Injury Attorney
After an accident, it can be incredibly stressful to prove your claim, file for damages, and potentially go to trial. However, things become considerably more complicated when the other driver claims incapacity. In such situations, a personal injury attorney can provide invaluable support. Your attorney will have an in-depth knowledge of the law, your rights, and how to navigate the legal system.
Your attorney will assess all your losses related to the accident to calculate fair compensation. Should the other driver’s insurer deny your claim based on a medical emergency, your attorney will pursue evidence to verify the defense. Your attorney will handle the ensuing negotiations and, if necessary, represent you in court if the other driver cannot prove their medical emergency.
Professional Legal Guidance
Accidents involving medical emergencies can raise questions about negligence, liability, claim validity, and legal rights. While an unforeseen medical emergency is a tragic situation, you, as an accident victim, still have the right to seek compensation for your losses. Contact HHJ Trial Attorneys for expert legal support.
Schedule your consultation so we can explain your rights, the claims process, and everything you need to know about car accidents caused by medical emergencies. Our personal injury lawyers work on a contingency fee basis, so if you don’t get paid, we don’t.
