Road Crash Involving Medical Emergencies

Road Crash Involving Medical Emergencies

Road Crash Involving Medical Emergencies

In car accidents, there is always one side that should be liable for the accident that has escalated but it is also true that there are road accidents that doesn't have to involve at-fault party but the act of negligence is still there. For an example, emergencyt related vehicles who have been in contact or has caused an error between a vehicle that has no issues at all and resulted in an accident, may it be major or minor, can be a potential case that would fall under concern of Sudden Emergency defense.

What is Sudden Emergency defense?

In most states, the sudden emergency defense is defined as the doctrine where if ever an occurrence of a sudden and unexpected emergency, the defendant or the person who is supposedly committed a negligent in the event is not found negligent and not liable for the sustenance of injuries of victims caused by the car accident, it could also be possible that a driver is also injured or immobilized in the event. 

Types of Emergencies Included in the Doctrine

Though, it is apparently dangerous for a driver to go subconscious or even in complete unconscious while operating a vehicle but if they can still manage to drive while suffering a certain condition that could lead to the mentioned above, they have the right to exercise the defense of sudden medical emergency. Some conditions that could lead to unconsciousness during or after the car accident include: 

  • Heart Attack or other cardiovascular condition triggers during driving
  • Stroke
  • Seizure
  • Fainting or Losing Consciousness
  • Delusions

How does Liability Determined in Emergency-caused Car Accidents?

Normally, to label the certain accident as emergency-caused accident for the doctrine to be utilized as defense, the "at-fault" driver should prove definitely that he/she has an existing condition and that triggered to feel such emergency condition. These proofs could be in a form of medical assessment done by a qualified medical professional, medication receipts, etc. Apart from these, there are three main factors for claiming sudden medical emergency defense:

  • Time window of the emergency trigger and the actual accident
  • Sign of unconsciousness or loss of control over the vehicle caused by the emergency condition
  • Medical treatment and apparent treatments

Ryan LLP

If ever one of your family members or closests friend has been involved in an accident who have sustained either minor or significant injuries and even a possible case of amputation because of a person has shown apparent negligence and recklessness and caused an accident and render the victim to have life-threatening injuries and condition, you can always refer help from a professional experienced injury lawyer to smoothen things out as your hired lawyers can help you decide from their factual and legal advices and can help you sort things out legally rather than settling over cash offer without damage calculation and future's regards. 

Ryan LLP is an Ohio based injury lawyer that represents victims of personal injury caused by car accidents, medical malpractice due to medical professional's negligence, and even wrongful death against large companies, agencies and even individuals. We have 40 years of experience doing our service in this field and evidently successful with our civil litigations. Call our office now for free legal consultation. 

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