Medical Emergency Liability

It is unfortunate, but it happens. People have sudden medical emergencies all of the time. In that moment, the only thing you are focused on is getting the medical attention that you, or someone else needs. But, sometimes in the craziness and rush that you are in, you end up getting into a car accident. So, what happens if the at-fault driver comes back later and says that the accident was caused due to a sudden medical emergency? Who is liable then?

A sudden medical emergency can happen at any time, anywhere. This is a medical emergency in which someone needs medical attention right away, and could not have predicted that it was going to happen. However, it is still possible that the driver who was involved could still be liable for any damages or injuries that were caused by the accident. Some people have received directions from a doctor that tells them they should not be operating a vehicle. Whether this was due to a medication that they are taking or a preexisting medical condition, if a driver was going against these orders, they still may be held liable for the accident.

The laws that pertain to a sudden emergency in a car accident are different in each state. In Kentucky, the person who claims that the sudden medical emergency was the main cause of the accident, in order to have defense they must be able to prove that the medical problem was unpredictable. If there is any negligence that was involved, the person will not be able to claim that it was due to an unforeseeable medical emergency.

If the person who claimed they had the sudden medical emergency was proven to have a pre-existing condition that could have caused the episode to happen, then that person may be held responsible for any injuries that were incurred in the other party that was involved in the accident. In some rare circumstances, there are times when the person who had the medical emergency in which could have been avoided, and the person will not be held liable. This could happen is the person was misdiagnosed with a condition or if they were cleared to operate a vehicle when they should not have been. In either of these cases, the liability could end up going onto the doctor, but either of these situations should be discussed with an attorney.

In an accident that is truly unforeseeable, your auto insurance company would pay for you medical bills and damages to your vehicle. If you were involved in an auto accident that has been caused by a sudden medical emergency, it is best to talk to an attorney to be sure you know and understand your rights and how to handle your case. It is best to receive help to be sure who is liable.

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