In some of the scariest circumstances, a motorist may have a medical emergency while operating a motor vehicle. Certain medical emergencies can incapacitate the driver to the degree that they are unable to maintain the vehicle. A serious accident may result. Some of the medical emergencies most commonly seen in these cases are:
- Loss of consciousness
- Heart attack
- Stroke
- Seizure
- Sudden loss of vision
For the motorist, obviously this is a devastating and potentially deadly event. But what about other drivers? What if you were another motorist injured in the accident caused by the afflicted driver?
Laws vary from state to state. In most places, the concept of foreseeability will be factored into determining whether the ill driver can be held liable. Could they and should they have foreseen the medical emergency? If a motorist with no history of heart problems suffers a sudden and first-time heart attack behind the wheel, then they really couldn’t have foreseen this emergency. On the other hand, if someone with a history of heart problems, perhaps someone who has been warned by their doctor to avoid travel for a certain amount of time, has a heart attack, then it is possible they have some liability in the crash. Motorists with certain illnesses must take prescribed medications and follow their doctor’s orders. If they do not, and if they have an epileptic seizure or another foreseeable emergency while driving, then they may have some responsibility in the matter.
As the other injured driver, you probably feel no ill will against this person who experienced the health crisis. Perhaps you have concerns about pursuing an injury claim. But you should consult a lawyer nonetheless. There may be insurance benefits or other avenues of pursuing compensation above and beyond any current settlement offers, and you deserve full compensation for your injuries.
If you have been injured in a car accident and are wondering if you should pursue an injury claim for maximum compensation, please search our directory for an experienced attorney in your area. An experienced accident lawyer can determine if someone is at fault for the crash, and if you have a case.
