Car Accident Lawyer in Woodland Hills, CA
If you have fallen victim to an accident that was the result of a driver who was having a medical emergency, holding them liable may be difficult depending upon the state you live in. This can be frustrating. However, it’s important to note that there are very clear guidelines that outline a sudden medical emergency. Meaning that in some cases, you may still be able to take action for your damages. Have you recently been injured in a car accident that was the result of another driver’s medical emergency? Contact a car accident lawyer so that they can help you understand how this may impact your case, and the proper next steps to take in pursuing damages.
Sudden Medical Emergency Defense
Have you ever gotten behind the wheel and wondered what would happen if you were to experience a medical emergency while driving? The results could be disastrous. But what happens if you were hit by another driver having a medical emergency? The thought is likely to make you begin to realize just how vulnerable we really are when sharing the road with other drivers. Sudden medical emergency defense may apply if the person who experienced the medical emergency is able to prove the following:
- The medical emergency caused the driver to lose consciousness
- That the medical emergency that caused the accident was not something that could be prevented, meaning the driver was not aware that they would succumb to such a medical event
- That the driver’s loss of consciousness was directly related to the accident
If a driver is able to prove these key factors, they may not be held liable for the accident that caused your injuries. This can be incredibly frustrating for an accident victim. Contacting a car accident lawyer may be key to helping you navigate this incredibly complicated situation.
What’s Next?
If the driver who experienced the medical emergency is able to prove that they experienced a legitimate medical emergency, sudden medical emergency defense may apply to the case. When the driver who experienced the medical emergency is able to prove that the accident was out of their control, accident victims may have difficulty in recovering the damages they seek. Because of this, accident victims may have to contend with their own insurance company. This is not likely to be as straightforward as it may seem. When victims are faced with this type of situation when seeking compensation for their damages, they should turn to a car accident lawyer with experience in this area of practice. Cases involving sudden medical emergency defense can be intricate, making the representation that a lawyer can provide essential to the outcome of your case.
Just because the person who hit you experienced a medical emergency behind the wheel, doesn’t necessarily mean that all is lost. They will be required to prove that a medical emergency did in fact occur. However, it’s important to be aware that not every state recognizes the medical emergency defense, meaning, you may be able to take action regardless. Other states with no-fault systems in place, may actually require that you go through your own insurance company, despite the other party being responsible. Although there may be several situations you may be facing based upon the state you live in, working with a car accident lawyer in Woodland Hills, CA is key. They will be able to help you understand the various laws within your state so that you have a clear picture of how best to move forward with your claim.
Contact Barry P. Goldberg for their insight into personal injuries and car accidents involving drivers with a medical emergency.