How is Fault Determined When an Accident Happens Because of a Medical Condition
An accident can happen for many reasons such as distraction, negligence, careless driving, impairment, speeding, but also medical condition.
When a medical condition is a reason for the accident, the driver loses control over the vehicle which leads to crashing another vehicle, people, or objects.
In cases like this, it’s a challenge to determine fault and prove that the driver didn’t have this condition up until the accident.
If you caused an accident because of your medical condition, it’s natural to worry about the outcome, especially if other people were involved in the crash. Be sure to get legal assistance from a New York car accident attorney instead to deal with the case by yourself.
Medical Issues Causing a Car Accident
Any medical condition that affects the driver’s agility, strength, coordination, knowledge, attention, and judgment is dangerous. It can easily cause the driver to lose control over the car and crash. here are some common medical conditions that can affect the driver.
Diabetes
If a driver has this illness, it can compromise their ability to drive their vehicle safely. The pancreas of a diabetic either produces too little or no insulin at all. If the person has a severe condition, they can easily pass out if there is a sudden blood sugar drop, or if their body stops responding appropriately to insulin. Diabetes can affect the nervous system in the long run which can slow the reactions of the person.
Seizures
Seizures are a sudden electrical disturbance in the brain that is uncontrolled and happens when certain nerve cells fail. If it happens when a person is driving, it can take away the faculties that the person needs for driving. The common symptoms are uncomfortable jerking, anxiety, loss of consciousness, temporary confusion.
Only one incidence of spontaneous seizure that isn’t related to another illness is enough for the driver to lose control and crash their vehicle.
Heart Attack
When blood flow to a certain part of the heart is blocked (in most cases by a blood clot) the person will suffer a heart attack. When the heart lacks oxygenated blood, the heart muscles start to die. Unless medications can prevent this, a heart attack can be very dangerous when the person is driving. Drivers with heart conditions or risk of heart attack should avoid driving.
Weakened Vision
People who have weakened vision will have trouble seeing vehicles, people, and objects on the road. Impaired vision can increase the risk of a car accident, especially if the driver wears contact lenses or glasses and has forgotten to wear them.
Determining the Liability in an Accident Caused by Driver’s Medical Problems
When a driver was under the influence of alcohol or drugs, was driving above the speed limit, or has rear-ended another vehicle, there aren’t any problems to determine the fault.
However, when an accident happens because of a medical condition that the driver couldn’t predict nor have any control over it, things can get complex.
If the medical condition existed before the accident and the driver was fully aware that it could happen anytime and anywhere but decided to drive (which is reckless behavior), they will be held liable. The driver did not do anything to keep their medical condition under control, thus put themselves and others at risk when they sat behind the wheel.
To determine the fault, the car accident attorneys and judge will do the following:
- Get an expert testimony from medical specialists to find out whether the driver was aware of their condition;
- Evaluate if the driver were intentionally negligent by not taking care of themselves (in case the driver was aware of their condition);
- Evaluate how much of the driver’s condition contributed to the accident. If the crash wasn’t big, then the ruling is that the driver’s health problems had nothing to do with it. In case the driver had a serious medical condition, the illness will be a significant contributing factor when evaluating damages.
If you were involved in a similar car accident where the other driver caused the crash after suffering a seizure or heart attack or another medical condition, you should get help from a skilled car accident attorney.
Such cases aren’t black or white, so it’s best if you have legal support from a skilled attorney who has experience in this area.
We’re offering you a free consultation where we’ll review your case and advise you on the next steps. Contact Cellino Law and schedule your consultation.
