What To Do If A Medical Condition Causes An Accident

What To Do If A Medical Condition Causes An Accident

When Car Accidents Are Caused By Medical Emergencies

Car accident caused by a heart attack

Car accidents in Nevada are sometimes caused by unexpected medical events, such as heart attacks. Typically, when a person’s actions or negligence causes a car accident, that person is legally responsible for the damages that result. However, when a medical emergency or condition causes a crash, determining liability can become more complicated. That’s when you need to hire an experienced Las Vegas car accident lawyer who can represent you.

What Happens When a Medical Condition Causes an Accident?

Medical conditions cause car accidents in Nevada every day. When they occur, the driver may not be responsible for the car accident in a legal sense. Ultimately, it will depend on whether the medical condition was foreseeable. In most cases, a sudden and unexpected medical emergency can excuse the person’s legal liability through the sudden medical emergency doctrine.

What Is a Sudden Medical Emergency Defense?

The sudden medical emergency defense is a doctrine that indicates that a defendant is not negligent or liable for injuries due to a car accident that resulted from a sudden and unexpected emergency. Because the driver may have been physically or mentally immobilized and therefore unable to prevent the accident, they are not considered to be legally liable.

The sudden medical emergency defense is a portion of the sudden emergency doctrine, which is a defense to tort liability. The sudden emergency makes the person’s behavior legally excusable. These types of situations can be difficult to prove and require that the medical event to be unpredictable and unexpected. When the defendant and their attorney attempt to use the sudden medical emergency defense to avoid liability for your accident, an experienced Las Vegas personal injury lawyer will be needed to negotiate your case.

How Is Car Accident Liability Determined?

Negligence is the basis for determining who was at fault in a car accident. When a person fails to exercise sufficient care or good judgment, they are deemed at fault for the accident and legally liable for damages. More than one driver can be partially at fault in some circumstances.

But when a medical event leads to the accident, the person may not have been actually negligent. They had no idea an incapacitating medical event was going to occur and did not have time to react before the accident took place. In those cases, they may not be responsible for paying for the damages of the victims of the accident.

What Are The Requirements For The Sudden Medical Emergency Doctrine?

In order for the sudden emergency medical defense to apply to a case, the following conditions must be met:

  • There must have been a medical condition or event happening at the time of the accident
  • It must have been a sudden emergency that left the person without time to react
  • The medical condition must not have been foreseeable or anticipated

When a driver has a known medical condition, they must be cautious to drive only when they are safely able to do so. This means that if a person knew they had a risk that a medical event might occur, they are legally liable for their actions and responsible for damages. The sudden emergency defense only applies when the medical event was truly unexpected.

Infographic that shows the requirements for the sudden medical emergency doctrine

What If You Believe The Other Driver Did Not Have a Sudden Medical Event?

Emergency medical care after a car accident

Although some car accidents are the result of unexpected medical event, other accidents are caused by a person who was negligently driving while they had knowledge of a serious medical condition that impacted their ability to drive safely. If you believe that the accident was not a result of the other driver’s medical condition, get in touch with a Las Vegas auto accident injury attorney today. Our attorneys will collect evidence will collect evidence on your behalf, negotiate with insurance companies, and represent you in court if necessary to help you obtain the financial compensation you deserve for your injuries and damages.

Get In Touch With an Experienced Nevada Attorney After a Car Accident

Have you been involved in a car accident that was caused by an unexpected medical event? Our firm can help. The attorneys at Benson & Bingham Accident Injury Lawyers, LLC specialize in representing victims of car and truck accidents. If you are defending against another victim’s claim or are seeking compensation for your own damages, our team of experienced attorneys is ready to provide aggressive, effective, and ethical representation on your behalf. Contact us today to schedule your obligation-free, no-cost consultation where we can review the facts of your case and discuss your legal options.

 

Nevada Personal Injury Attorney
Joseph L. Benson II, and Ben J. Bingham, Personal Injury Attorneys

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Benson & Bingham Accident Injury Lawyers

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