In most car accident cases, finding fault is a pretty straightforward process. If a driver refuses to admit fault for the car accident, they may come up with various defenses, some of which may even sound ridiculous. However, if the at-fault driver has experienced a sudden medical emergency, they have a fair legal defense. To learn more, talk to a Car accident attorney in Atlanta today.
What is considered a Sudden Medical Emergency?
The sudden medical emergency defense is a part of the doctrine of a sudden emergency, which falls under common law. According to this doctrine, under certain circumstances, the at-fault driver can avoid financial responsibility for a car accident, even if they caused injury or death to another.
If the at-fault driver’s actions were taken in a situation stylishster where they were faced with an unforeseen medical emergency and had little to no time to think about their actions, this doctrine can be invoked.
Any unforeseen medical experience that causes the driver to lose consciousness or prevents them from acting reasonably to avoid a car accident can be termed a sudden medical emergency. Some common examples of a sudden medical emergency are:
- Heart attack
- Brain aneurysm
- Stroke
- Fainting
- Seizure
- Choking
Every state has laws regarding this kind of defense to avoid liability in civil cases, so it is important to consult a skilled lawyer to get proper legal assistance.
Who has the Burden of Proof?
The driver who is invoking this type of defense to avoid liability is the one who has the Burden of Proof, as they need to be able to prove that their medical emergency was indeed unforeseen. However, this can depend on the case, as the victim usually must prove that the at-fault driver was acting negligently.
Who can be held financially liable?
The at-fault driver will be held financially liable for the accident unless they can prove that it occurred due to a sudden medical emergency. If the driver can successfully prove a sudden medical emergency, you must look to other parties to hold them liable for your damages. Some other parties that can be potentially liable are:
-
Treating doctors
If the at-fault driver’s physicians or doctors had tishare allowed them to drive, you could pursue a claim against them for letting an unfit person drive a vehicle that resulted in your accident.
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Other drivers
Depending on the case, if other drivers were involved in the accident, you may be able to pursue your claim against them.
