Car Accidents Caused by a Medical Emergency
cartwrightlaw - October 3, 2023 -
A medical event can occur suddenly and unexpectedly, rendering the driver unconscious or unable to control the vehicle, leading to a catastrophic accident. Due to the nature of these accidents, an injury case handles liability differently compared to a standard auto accident.
California’s Doctrine of Imminent Peril is a law that states the driver who had a medical emergency may not be held liable for any damages. Proving liability in these cases requires an in-depth investigation of the driver’s medical history, medical conditions, and any medication they may have been taking at the time of the accident.
If you were injured in a car accident caused by a medical emergency, it is imperative to seek legal representation from an experienced personal injury law firm. Our attorneys at The Cartwright Law Firm are well-versed in the intricacies of the doctrine of imminent peril and have a proven track record of defending the rights of our clients.
For personalized information on your potential injury case, contact our skilled car accident attorneys today to schedule a free initial case consultation.
Liability in Medical Emergency Car Accidents
Liability in car accidents caused by medical emergencies can be complex and depend on various factors, including the type of medical emergency that occurred and the driver’s actions leading up to the accident.
When a driver experiences a medical emergency while behind the wheel, liability will ultimately depend on whether the medical emergency was foreseeable or not. If the driver knew or should have known that they were at risk of experiencing a medical emergency and failed to take reasonable precautions, then they may be held liable for any damages or losses sustained by others.
On the other hand, if the medical emergency was sudden and unexpected, and the driver had no reason to suspect that they were at risk, then they may not be held liable for the accident.
California’s Doctrine of Imminent Peril
In California, the Doctrine of Imminent Peril, also known as the Sudden Emergency Doctrine, may provide a defense for the individual who experienced a medical emergency. An emergency doctrine recognizes that if a person has an emergency, they are not held to the same standard of care.
In other words, if a driver experiences a sudden medical emergency, for example, a heart attack or a seizure, they are not legally expected to meet the same driving standards as other drivers.
The driver is expected to act in a reasonable manner, given the emergency. It is important to note that the Doctrine of Imminent Peril is applicable only if the driver can demonstrate that it was a true emergency that could not have been foreseen or avoided.
Additionally, the driver must have acted in good faith to minimize the risks associated with the emergency, such as pulling over to the side of the road as soon as possible. The doctrine does not provide a blanket defense for all medical emergencies on the road, but it does offer considerations for those in a genuine emergency.
Medical Emergency Defense
Drivers who suffer from a sudden medical emergency at the time of the crash can use the medical emergency defense to relieve themselves from liability for the incident. However, the burden of proof to establish the medical emergency defense will be on the driver seeking to avoid liability, and they will need to provide evidence of the emergency and how it was the predominant cause of the accident.
To prove the medical emergency defense, a driver must demonstrate several factors. These factors include:
- Unanticipated physical ailment,
- No prior knowledge or diagnosis of the emergency condition, and
- Sudden conditions must have precluded the driver from safely controlling the car
To illustrate, suppose a driver experiences a heart attack while operating their vehicle, loses consciousness, and, as a result, causes an accident. To use the medical emergency defense successfully, this driver would need to provide evidence showing that the sudden onset of the heart attack caused them to lose control of the vehicle and that they had no prior knowledge of this condition.
It is essential to note that even if a driver is successful in using the medical emergency defense, the case may not end there. Our dedicated personal injury attorneys can request to inspect the driver’s medical records to verify that there is no prior reference to the emergency condition responsible for the accident. If any reference is found, it may suggest that the driver operated the vehicle with some knowledge of the dangerous condition, and they may be held liable or partially liable for the crash.
Additionally, it is essential to note that drivers are not the only ones held responsible for medical emergencies that cause accidents. The physician who cleared the driver to operate a vehicle, other drivers who contributed to the crash, or their insurance companies may be held liable.
How Does Medical Emergency Defense Impact An Injury Claim?
If the medical emergency defense is valid, it can pose a challenge to you, the injured party, to recover compensation. In this case, you may be unable to complete an injury claim through the defendant’s insurance company. However, it may be possible to cover medical expenses through your own personal auto insurance.
In California, this coverage can come in the form of Personal Injury Protection (PIP) or MedPay benefits. Both PIP and MedPay coverage reduce or completely pay your qualifying medical expenses from an auto accident regardless of liability. In cases where you are unable to seek compensation from the defendant, it can be an enormous financial relief.
Review your auto insurance policy and ensure you have important protections, including Personal Injury Protection, MedPay, and Uninsured Motorists coverage. Having these coverages can mean the difference between a financial burden from a car accident and a just injury settlement.
Contact Our San Francisco Car Accidents Lawyers
In cases with liability denials, it is to seek the assistance of experienced car accident attorneys who can assess the situation and determine the validity of the driver’s defense. At The Cartwright Law Firm, our reliable injury lawyers fight for you to seek justice for your injuries; contact us today to schedule a free consultation.
A medical event can occur suddenly and unexpectedly, rendering the driver unconscious or unable to control the vehicle, leading to a catastrophic accident. Due to the nature of these accidents, an injury case handles liability differently compared to a standard auto accident.
California’s Doctrine of Imminent Peril is a law that states the driver who had a medical emergency may not be held liable for any damages. Proving liability in these cases requires an in-depth investigation of the driver’s medical history, medical conditions, and any medication they may have been taking at the time of the accident.
If you were injured in a car accident caused by a medical emergency, it is imperative to seek legal representation from an experienced personal injury law firm. Our attorneys at The Cartwright Law Firm are well-versed in the intricacies of the doctrine of imminent peril and have a proven track record of defending the rights of our clients.
For personalized information on your potential injury case, contact our skilled car accident attorneys today to schedule a free initial case consultation.
Liability in Medical Emergency Car Accidents
Liability in car accidents caused by medical emergencies can be complex and depend on various factors, including the type of medical emergency that occurred and the driver’s actions leading up to the accident.
When a driver experiences a medical emergency while behind the wheel, liability will ultimately depend on whether the medical emergency was foreseeable or not. If the driver knew or should have known that they were at risk of experiencing a medical emergency and failed to take reasonable precautions, then they may be held liable for any damages or losses sustained by others.
On the other hand, if the medical emergency was sudden and unexpected, and the driver had no reason to suspect that they were at risk, then they may not be held liable for the accident.
California’s Doctrine of Imminent Peril
In California, the Doctrine of Imminent Peril, also known as the Sudden Emergency Doctrine, may provide a defense for the individual who experienced a medical emergency. An emergency doctrine recognizes that if a person has an emergency, they are not held to the same standard of care.
In other words, if a driver experiences a sudden medical emergency, for example, a heart attack or a seizure, they are not legally expected to meet the same driving standards as other drivers.
The driver is expected to act in a reasonable manner, given the emergency. It is important to note that the Doctrine of Imminent Peril is applicable only if the driver can demonstrate that it was a true emergency that could not have been foreseen or avoided.
Additionally, the driver must have acted in good faith to minimize the risks associated with the emergency, such as pulling over to the side of the road as soon as possible. The doctrine does not provide a blanket defense for all medical emergencies on the road, but it does offer considerations for those in a genuine emergency.
Medical Emergency Defense
Drivers who suffer from a sudden medical emergency at the time of the crash can use the medical emergency defense to relieve themselves from liability for the incident. However, the burden of proof to establish the medical emergency defense will be on the driver seeking to avoid liability, and they will need to provide evidence of the emergency and how it was the predominant cause of the accident.
To prove the medical emergency defense, a driver must demonstrate several factors. These factors include:
- Unanticipated physical ailment,
- No prior knowledge or diagnosis of the emergency condition, and
- Sudden conditions must have precluded the driver from safely controlling the car
To illustrate, suppose a driver experiences a heart attack while operating their vehicle, loses consciousness, and, as a result, causes an accident. To use the medical emergency defense successfully, this driver would need to provide evidence showing that the sudden onset of the heart attack caused them to lose control of the vehicle and that they had no prior knowledge of this condition.
It is essential to note that even if a driver is successful in using the medical emergency defense, the case may not end there. Our dedicated personal injury attorneys can request to inspect the driver’s medical records to verify that there is no prior reference to the emergency condition responsible for the accident. If any reference is found, it may suggest that the driver operated the vehicle with some knowledge of the dangerous condition, and they may be held liable or partially liable for the crash.
Additionally, it is essential to note that drivers are not the only ones held responsible for medical emergencies that cause accidents. The physician who cleared the driver to operate a vehicle, other drivers who contributed to the crash, or their insurance companies may be held liable.
How Does Medical Emergency Defense Impact An Injury Claim?
If the medical emergency defense is valid, it can pose a challenge to you, the injured party, to recover compensation. In this case, you may be unable to complete an injury claim through the defendant’s insurance company. However, it may be possible to cover medical expenses through your own personal auto insurance.
In California, this coverage can come in the form of Personal Injury Protection (PIP) or MedPay benefits. Both PIP and MedPay coverage reduce or completely pay your qualifying medical expenses from an auto accident regardless of liability. In cases where you are unable to seek compensation from the defendant, it can be an enormous financial relief.
Review your auto insurance policy and ensure you have important protections, including Personal Injury Protection, MedPay, and Uninsured Motorists coverage. Having these coverages can mean the difference between a financial burden from a car accident and a just injury settlement.
Contact Our San Francisco Car Accidents Lawyers
In cases with liability denials, it is to seek the assistance of experienced car accident attorneys who can assess the situation and determine the validity of the driver’s defense. At The Cartwright Law Firm, our reliable injury lawyers fight for you to seek justice for your injuries; contact us today to schedule a free consultation.
“Our successful case results are a reflection of the values and virtues we believe in and uphold at Cartwright Law Firm. Nothing stops us from pursuing justice on behalf of those who need it.
Robert E. Cartwright Jr.
Founder and Managing Partner