Do You Qualify for Social Security Disability?

The Medical Emergency Excuse

26 September 2022

Deann Miles

If you have been in an accident and ended up hurt, you probably have a claim for money damages. The other driver and their insurer may owe you for your medical expenses, lost wages, property damage, and pain and suffering. However, some accident victims find themselves dealing with the medical emergency excuse.

The Other Driver Suffered a Medical Emergency

When a driver begins to suffer from heart pain, a seizure, or other sudden debilitating medical conditions, it's easy to see how an accident can occur. There is not always time to pull over to a safe place when an emergency happens.

Unfortunately, accidents can happen when another driver is afflicted in that manner. They might swerve around, suddenly brake, run red lights and stop signs, and more. If the other driver suffered from a legitimate medical issue, it could affect the accident's liability. However, very few accidents can be excused because of a medical emergency.

They Must Have Known

Very few medical emergencies occur without some form of warning. In many cases, drivers were warned that they were at risk of causing an accident. Some may have been banned from driving if they have a history of seizures or the like.

It's almost always possible to pull safely off the road when a driver begins to feel unwell. It's important that drivers stay alert to possible health issues constantly and be ready to act to keep themselves and others safe.

If the other driver can show that they had no idea of an impending medical issue, they may not be 100 percent liable for the accident. In some cases, though, drivers may claim that they had a sudden medical issue but then have no way of proving it.

Are They Liable?

Drivers that claim a medical emergency should be able to prove, using medical records, that they had no idea of a medical issue. More importantly, though, they must also prove that they did suffer from a medical emergency. Medical records must show that the driver sought medical help and that they have proof of the emergency.

The driver must also prove that they were getting treatment for any medical conditions and were legally allowed to drive. Some people who suffer from seizures take medication that allows them to drive.

Get Help with Your Case

Though medical emergencies can happen, don't accept this excuse at face value. Speak to a personal injury lawyer and have the other driver investigated. Your compensation could be reduced if the driver is found not to be liable for the accident because of a medical emergency.

For more information, you can check out the site of an auto accident lawyer.

Share

Search