You could practice the best defensive driving measures out there, checking your mirrors, using your turn signals, and respecting the speed limits — everything that generally contributes to safe driving on the road.
However, you cannot control unexpected medical emergencies, and these can happen to anyone at any time. Unfortunately, some of these on-the-road emergencies have caused serious car accidents, significant vehicle damage, and severe injuries.
If you have gotten into a car accident because of an unanticipated medical emergency, we know how overwhelmed you feel. The Law Office of David S. Rochman has helped many clients navigate the legal aftermath of emergency-related accidents; we can help you too. Here is what you need to know.
What Should You Do If You Experience a Medical Emergency While Driving?
As far as you are able, when you experience a medical emergency while on the road, pull over to a safe location and call 911 for medical attention. Make sure that the medical personnel treat you for your condition and any injuries you received — and keep in mind that some injuries, such as concussions and nerve damage, might take some time to show symptoms.
Only once you have received medical care will you request a copy of the medical report. To demonstrate that your emergency caused the accident, you will need to show the extent of your condition.
How Is Liability Determined in Medical Emergency Car Accidents?
If the other drivers in the accident attempt to hold you liable for damages, you could claim that your medical emergency — as opposed to your negligence — caused the accident. This strategy is called the “sudden medical emergency” defense, which decreases or waives liability for an accident where the medical emergency was unforeseen and unavoidable.
Unfortunately, cases with this doctrine are usually not clear-cut in New Jersey courts. The judge will examine all the available evidence, such as the medical record and your personal history, to determine if you could have either foreseen or prevented the accident. If you have any pre-existing conditions, you will likely need to prove that the accident occurred despite your adequate management of your health.
If the court determines that you knew or should have known about the risk and failed to adapt, you could still be held liable for the accident. If you choose to pursue a “sudden medical emergency” defense, we highly recommend hiring an experienced car accident lawyer to put together your best possible case.
What Types of Medical Emergencies Are Considered in These Cases?
Generally, heart attacks, strokes, seizures, diabetic episodes, and fainting spells lead to the highest number of emergency-related car accidents, as each one impairs or eliminates a driver’s ability to control their vehicle. But once again, it is not enough to prove a correlation between your medical emergency and the accident — you also need to prove that your emergency was sudden, unexpected, and severe.
How Can a Car Accident Lawyer Help You?
To give yourself the best possible chance of defending yourself against a liability claim, you should consult with a seasoned car accident attorney. Not only will they help you gather all necessary evidence, such as medical records, your prior medical history documentation, and any necessary expert witnesses, but they will also negotiate with insurance companies on your behalf and present your strongest possible case in court.
Protect Your Rights With a Mount Laurel Car Accident Lawyer at the Law Office of David S. Rochman Even the best drivers might need an experienced attorney from time to time — and a Mount Laurel car accident lawyer at the Law Office of David S. Rochman is your best bet to mount a successful “sudden medical emergency” defense. If you need a seasoned and compassionate attorney on your side, call us at 856-751-2345 or fill out our online contact form for a free consultation. Located in Mount Laurel, New Jersey, we serve clients throughout Burlington County and the surrounding areas.