Complexities Of Auto Accidents Caused By A Medical Emergency

21 June 2023 by Jonathan Phillips

Auto accidents can arise for a number of different reasons. However, one of the rare but serious causes is a medical emergency. Whether it is a seizure, fainting, or some other scenario, these medical events can cause a person to become incapacitated behind the wheel, leading to an accident. The claims process can be quite complex for the victim in this scenario.

Medical Emergency Claim

The driver who caused the accident may file a medical emergency claim. This claim, or defense, allows the driver to establish the cause of the accident as medical incapacitation. However, drivers cannot just claim this position; they have to prove it with medical documentation and other evidence. 

The driver must also prove they were unaware of any risk associated with them operating a medical vehicle. For example, a driver who had orders from a physician not to drive due to a high-seizure risk would be unsuccessful in this claim. Proving medical incapacitation is a high bar. It is best to let an attorney review the facts to see if the information the other driver submitted is factual. 

Successful Defense

If the driver was and can prove they were experiencing a medical emergency while behind the wheel, they will succeed with their defense. If the driver is successful, unfortunately, there is little the victim can do to work around the issue. 

Even outside the insurance claims process, there would likely not be a route to file a personal suit against the driver. To cover the cost of the property damage, physical injuries, and other losses experienced, the driver would have to file a claim against their auto insurance policy. 

Unsuccessful Defense

Again, the burden of proof rests on the shoulder of the other driver. If they are unsuccessful in proving their claim of medical incapacitation, the victim can move forward with filing their claim in the traditional way since the driver will be deemed to be at fault. It is also worth noting that not every state recognizes a medical emergency defense. 

Accidents that occur in these states will move forward with the traditional claims process, as well. Again, it is essential to have an attorney working with you during this process to ensure your claim is handled correctly. 

If you were involved in an accident with a person who claims to have experienced a medical emergency, keep all these factors in mind and speak with an attorney such as one from Houston & Alexander PLLC.

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