3 Arguments A Car Accident Lawyer Will Use To Prove You Had A Medical Emergency During A Crash
Auto collisions occur daily, and many of them are caused by reckless individuals. If you're the perpetrator, charges will be filed against you, and your insurer may be compelled to reimburse the injured victims. However, if the cause of the collision was beyond your control because you suffered an emergency such as a seizure or heart attack, you can be relieved of the liability. A car accident lawyer knows the correct arguments to defend medical emergency victims. This article discusses three such arguments.
Proof of Unconsciousness
Some crises can cause a driver to be unconscious. If you had no opportunity to prevent your circumstance and became unconscious before pulling over on the side of the road, it's likely that you won't be held accountable for the injuries you caused others. A lawyer can use this defense in court to get a liability case against you dismissed. Through witness testimonies and video surveillance footage, they'll prove that you didn't experience any prior symptoms indicating the beginning of the emergency.
Foreseeability
While an abrupt medical crisis could make a driver hurt other people, some motorists could use this argument falsely to avoid taking the blame. If you're suffering from a pre-existing condition such as a heart problem or diabetes, using this defense can be pretty difficult. It's likely that a doctor could have prohibited you from operating the vehicle before taking your drugs or eating. If you black out due to negligence, it may be difficult to prove that you suffered from an abrupt emergency. However, if you don't have a history of any pre-existing condition and have not been instructed to drive by a physician, a lawyer can use this argument to get you off the hook. They'll collect all your medical records and get you examined to prove that your crash was not foreseeable.
The Speed of the Crash
The time that your crash took to occur can also determine if it resulted from a sudden medical crisis. Although no specific amount of time can be used to prove this in court, the crash should have occurred immediately after you lost consciousness. A lawyer can gather evidence to prove that you didn't have enough time to control yourself and steer the vehicle out of danger. They'll enlist the help of medical specialists to show how fast your condition could have caused your body to shut down, leading to the collision. If it's discovered that things happened so fast that you couldn't control yourself or your car, you won't be held liable for the damages caused.
If you're sued for causing a crash that occurred due to an abrupt emergency, a car accident lawyer can help you. They'll use these arguments to prove to the court that you couldn't control the circumstances and should therefore not be held liable for the losses incurred.
For more information, contact a local car accident attorney.