What Injury Victims Need to Know About Medical Emergencies
We have said it before, and we’ll say it again: even if you’re a completely safe driver, it’s hard to predict the behavior of other drivers. You may be driving and following all the rules, when suddenly another driver swerves into your lane and causes quite the collision. Later it is discovered that the other driver had a medical emergency; maybe a heart attack, seizure, or otherwise lost control of his or her vehicle.
The Car Crash Captain explores this situation and helps you figure out who is liable for your injuries in this situation.
Texas Sudden Emergency Doctrine
Here in Texas there’s what’s called a “Sudden Emergency” doctrine. What this case law does is reduces, or even eliminates, the driver from liability if the wreck was due to unforeseen and uncontrollable medical events. In other words, if the crash happened because of a medical emergency, the driver that had the emergency might not be at fault.
There are some stipulations that apply here, so you can’t just claim anything was a “sudden emergency.” It must be:
- Sudden and unexpected
- Not caused by the driver through negligence
- Driver’s response must be reasonable
To ensure that this doctrine isn’t abused, it’s often imperative to evaluate the medical condition.
Evaluating the Medical Condition
One of the biggest factors with this doctrine is the fact that the emergency must be unexpected. Drivers who have knowledge about their own medical conditions, such as epilepsy, heart disease, diabetes, or more, might still be held liable since an attack could be determined “expected.”
To decide whether or not it could be expected, we have to consider evidence such as:
- Medical records
- Physician’s advice
- Use of prescription medication
If medical records or advice show that the person is likely to have an attack, or shouldn’t be driving, but they do so anyway, they might not be able to argue this doctrine. Or, suppose a driver with a known seizure disorder skips his or her medication that morning, that would mean an attack happened due to the driver’s negligence.
What You May be Liable For
If you’re hit by a motorist that is deemed to have suffered a medical emergency, and thus not liable for the wreck, what happens?
You, as the victim, might still be able to seek compensation if you have:
- Uninsured/Underinsured motorist coverage
- Personal injury protection benefits
- Health insurance or accident insurance
Sometimes filing a claim with these additional coverages is straightforward, but other times it’s not. Keep in mind that uninsured/underinsured motorist coverage usually only covers medical bills – it often won’t cover damage to your vehicle (ask your insurance agent about uninsured property damage coverage for that benefit).
You Need Herbert Law Group
These situations are complex, and it’s precisely why you need a lawyer that understands Texas law, knows how to argue for you in court, and can discover evidence that otherwise might be missed.
In other words, you need Herbert Law Group on your side.
If you’ve been injured in a wreck, and the other driver claims a medical emergency, are you going to be able to research their conditions, find out their medical records, and argue that they knew about the medical condition and chose to drive anyway?
Not likely. But we do.
Let’s chat about what happened and determine how we can help you. Call our offices at 214-414-3808, or fill out the contact form and we’ll be in touch with you.