Unfortunately, when driving, you may have a sudden medical emergency that causes you to lose consciousness. This event may lead you to crash your car and possibly injure another party. However, you may be able to use the medical emergency as a defense if the other party seeks compensation for their injuries.
The Timing of the Medical Emergency
Whether or not you can use the medical emergency as a defense depends on when the medical emergency occurred. For example, if the emergency occurred prior to the crash and you had sufficient time to pull over, you should have done so. If you were suffering from a medical emergency and chose to get behind the wheel, your accident may entirely be your fault.
If you were able to foresee that you would suffer an accident, this would not be an adequate defense. For example, if you have a medical condition that causes you to become blind temporarily, you may need to avoid driving, and choosing to get behind the wheel can lead to you still being considered negligent for the accident.
The Type of Medical Emergency
You must prove that the medical emergency caused you to lose control of the car. For example, a headache might not be considered severe enough to cause an accident. You may need help from an expert witness who is a medical expert and can testify that your accident was directly caused by the medical problem.
Compensation for Your Injuries
Just because you had a medical emergency, that doesn't mean that the other driver isn't at fault for the accident. There might have been other factors such as the fact that the other driver was drinking and driving. You might have pulled over to the side of the road and the other driver was speeding and collided with your parked car.
In some cases, you may even have a claim against a medical professional. For example, you may have had a medical condition that should have been diagnosed. Also, you might have taken a medication that was defective and caused a reaction leading to your medical emergency. When you are considered at fault for the accident, seeking compensation from a third party that was responsible for your accident is the best way to get the financial aid you deserve. If you're not sure how to get started, make sure to contact an experienced car accident attorney in your state.