What if the other driver had a medical condition that led to our collision?

driver medical emergency and liabilityIf the at-fault driver had a medical condition that led to the accident, the outcome of your case will likely depend on your ability to demonstrate that the other driver was negligent.

Driver Liability

A determination of liability in a vehicle accident caused by a medical emergency is complicated by the fact that the driver who caused the accident was dealing with circumstances beyond his control. Of course, since the accident wasn’t your fault, you shouldn’t be expected to assume responsibility for your accident-related expenses. Driving with a medical condition can be viewed as a negligent act, meaning that the driver could still be held liable. If a driver knows that he is unfit to drive due to a medical condition, and he chooses to get behind the wheel anyway, he will likely be held responsible for your injuries. However, drivers generally are not liable for conditions that are considered to be beyond their control. This is where the sudden medical emergency defense comes in.

Sudden Medical Emergency Defense

Texas recognizes the sudden medical emergency defense. The idea behind this defense is that a driver who has experienced a sudden medical emergency should not be held liable for circumstances beyond his control. A driver isn’t considered negligent for failing to overcome conditions that he could not anticipate. Some of the medical emergencies that might cause a driver to lose control of his vehicle include:

  • Strokes
  • Fainting
  • Seizures
  • Panic attacks
  • Heart attacks
  • Asthma attacks
  • Sudden drops in blood pressure

You Need an Attorney

When you’ve been injured in a vehicle accident, you may be entitled to compensation for:

  • Medical costs
  • Lost wages
  • Pain and suffering
  • Physical therapy and rehabilitation expenses

If you’ve been injured in a vehicle accident with a driver who suffered a medical condition, you deserve compensation. You need representation by an experienced attorney who will fight to preserve your recovery. To learn more, contact the Cain Law Firm by using the form on this page.