Factors That Can Weaken The Sudden Medical Emergency Defense

A driver who causes an auto accident after experiencing a medical emergency while driving might raise the sudden medical emergency defense. The defense alleges that the driver is not liable for the accident because it was beyond their control. However, the defense is not automatic, and you may still claim damages from such a driver.

Examine the following to determine whether you can overcome the sudden medical emergency defense.

The Driver's Actions After the First Symptoms

You should scrutinize the driver's actions after they experience a medical emergency. The court will consider how a reasonable person would have acted under the same circumstances.

For example, a reasonable person would pull off the road and park if they sense a medical problem that causes a driving risk. Therefore, a driver who doesn't take the possible measures (under the circumstances) might be liable for the ensuing crash.

The Duration Between the First Symptoms and the Accident

The sudden medical emergency defense only makes sense if the medical emergency and accident occurred almost simultaneously. A significant delay between the emergency's first symptoms and the crash weakens the defense. You might argue that the driver had time to react and avoid an accident if you can prove a delay.

Consider a case where a driver experiences mild seizures but continues to drive for a few minutes before the epileptic episode intensifies and causes a crash. In this case, you can argue that the driver could have avoided the crash if they had acted at the first signs of the seizures.

The Medical Issue's Effect on Driving

Anyone intending to use the sudden medical emergency defense must prove how it affected their driving. Some medical issues affect driving. Examples include seizures and fainting. However, other medical issues lack such clear-cut effects on driving.

For example, a driver might struggle to prove how a tingling sensation on their skin caused a crash. Therefore, you can use the nature of the medical issue to prove that it didn't necessarily cause the crash, but rather the driver's negligence did.

The Driver's Medical History

Lastly, you should review the driver's medical history to determine whether they should have anticipated or foreseen the emergency. For example, a driver should foresee their driving risks if:

• They have a history of uncontrolled seizures
• They have a history of losing consciousness without warning
• Their doctor has warned them against driving

In such cases, the sudden medical emergency defense fails the foreseeability test, and the driver must pay for the consequences of their negligence.

Contact a car accident attorney to learn more.