A pre-existing medical condition is just one of several potential causes of an automobile accident. In deciding who is at fault in an automobile accident, the cause of the collision is crucial. To receive compensation for injuries sustained in a car accident in Province, one will need to establish the negligence of the other driver. A car accident lawyer for automobile accidents can help you determine who was to blame and pursue financial compensation.
In most car accidents, it is easy to determine who was at fault. If an accident is caused by a driver who ignored a red light, it is obvious that the reckless driver was at fault. Similarly, if you are hit by a fast car, in that case, you can show that another driver was traveling at speed significantly higher than the limit signs indicate to establish liability.
However, determining fault in accidents where a driver’s health played a role is more complicated. Find out how liability is determined in these kinds of situations.
Indication Of A Pre Existing Medical Problem
A judge considering a case involving an accident caused by a medical problem will want to know whether or not the illness was present before the collision. The second question is whether or not the motorist was aware of the condition if its onset date was before the day of the incident. There will also be consideration given to the nature and extent of the preexisting condition.
A driver with a pre existing medical condition is expected to take responsibility for their care and monitoring. A diabetic driver who has experienced blackouts in the past and who is responsible for an accident while driving is considered negligent.
There may be times when a motorist develops a new symptom while already having a preexisting disease. A court will look at the likelihood of the new symptom and whether or not the motorist might have anticipated and avoided it.
- Dramatic Medical Emergencies
A sudden medical issue happens out of the blue and for which the driver has no preexisting conditions. This would be considered an unexpected medical emergency if a motorist suddenly had a heart attack and no history of heart problems. Furthermore, there are a variety of other sudden medical situations, such as:
- Misplacement Of Sense Of Direction
A driver’s ability to operate a vehicle safely can be quickly compromised by disorientation or dizziness.
- Choking
When a driver suddenly begins to choke on something, it might cause a feeling of panic and urgency that could result in an accident.
- Disorders Of The Mind
A mental illness might affect a driver’s ability to make good decisions while behind the wheel and increase the risk of an accident.
- Suffering A Deficit In Mental Capacity
Most car accidents can be attributed to this category of a medical emergency. Conditions such as cardiac arrest, blackouts, and alcohol or drug overdose are only a few potential causes of loss of consciousness.
- Pain
Extreme and acute pain is a symptom of many different medical problems. A severe & blinding headache, for instance, can briefly render a driver unable to handle a car due to illness.
For any of the situations mentioned above to be considered a sudden medical emergency, the driver must not have any preexisting conditions that could worsen their condition. If a driver has a medical emergency that causes a collision, that driver will not be held responsible for the accident.
The driver, however, must demonstrate that there was no history or warning signs of a health condition that led up to the disaster. The motorist may be held accountable for the accident if there is evidence of a preexisting condition or history of illness.
Drivers who assert the sudden emergency concept in defense of a vehicle accident claim are liable for the following situations:
- Evidence of a Medical Emergency
- It provided evidence that the driver’s medical emergency was so serious that it caused a loss of vehicle control.
- A demonstration that the motorist had no warning of the impending danger.
CLOSING MUSINGS
Retaining a competent vehicle accident lawyer is crucial if you’ve been involved in an accident due to a sudden medical emergency. If you’ve suffered financial damages due to an accident, our attorneys can help you pursue maximum compensation. Claims of an unexpected medical emergency are also subject to scrutiny to determine whether the claimant is trying to get out of paying damages by being dishonest. Contact them now to discuss filing a claim for your vehicle accident with an attorney.