Car Accident Lawyer

Determining fault in a car accident may seem simple at first. Whoever caused the accident is liable, right? When a driver acts negligently or drives under the influence of drugs or alcohol, it is easy to determine fault. However, when someone causes an accident due to a health condition, this may be a different story. Here is what you need to know about accidents caused by medical conditions.

Determining Liability Due to a Medical Condition

When it comes to determining liability from an accident caused by a medical condition, you need to see a doctor right after the accident. The doctor will be able to diagnose you and may be able to report whether or not you suffered from a medical issue that caused the accident. For example, say that you have never had a seizure before but on the day of your accident, you suffer from one. To your knowledge, you did not have epilepsy or any reason to believe you were prone to seizures. In this case, you may be able to defend yourself with the sudden emergency doctrine. If there was no warning that you were going to lose consciousness or become impaired in any way, then it may not be your fault.

Determining Liability Due to a Pre-Existing Condition

When it comes to pre-existing conditions, there may be other standards that the courts have to figure into the equation. For instance, if you have a medical condition that could potentially put other drivers in danger and you do not treat that illness, then you could be liable. For instance, if you are diabetic and do not monitor your blood sugar or take your medicine and suffer a blackout behind the wheel, you could be liable. It was your responsibility to monitor your condition.

However, if you have heart problems, take your heart medication, and have no reason to believe that you are going to suffer a cardiac event, but then do suffer one on the road, then it may not be your fault. You have to take reasonable means to avoid a car accident in order for the accident not to be your fault.

If you were involved in a car accident due to your health condition, you may not be at fault. Instead of fighting the case on your own, consult with a car accident lawyer, like a car accident lawyer in Memphis, TN, to find out what your best options are. These cases can be extremely complicated and difficult to prove. It is best if you have an attorney on your side to guide you through it.

Thanks to Darrell Castle and Associates, PLLC, for their insight into who is responsible for an accident when a medical emergency causes a car crash.