When a car accident occurs because of an unforeseen medical emergency behind the wheel, a driver can assert a “sudden medical emergency defense.” This defense relieves a driver of negligent liability for a car accident due to a medical emergency and personal injury claims filed through an auto accident lawyer.
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How Can Drivers Avoid Liability for a Car Accident Due to Medical Emergency Through the Sudden Medical Emergency Defense?
The rationale for this defense is that a person who suffers a sudden medical emergency while driving is not acting in a negligent manner. A driver is acting negligently when they are not using the same level of care an average driver would use in the same situation. When an auto accident is due to a medical emergency, the driver is not held responsible because the accident is caused by something unforeseen and out of the driver’s control. The driver did not cause the accident because they were not being reasonably cautious. However, a driver who claims a medical emergency while behind the wheel as a defense to liability for a car accident due to a medical emergency must prove his/her defense. Proof includes:
- Sudden loss of consciousness before the accident occurred
- Loss of consciousness caused the driver to lose control of the vehicle
- Loss of consciousness was caused by an unforeseen medical emergency
A sudden medical emergency must be proven. Unlike impaired driving, a sudden medical emergency often renders a driver unconscious and he/she has no opportunity to control the accident. If medical symptoms are present while driving, but ignored before the accident, the medical emergency is not considered sudden. Although it is an auto accident due to medical emergency, the driver may still have been acting negligently if a reasonable driver would not have continued driving while experiencing the same symptoms. The driver may still have liability for a car accident due to a medical emergency in that situation.
A driver must also prove that the medical emergency was unforeseen. If a driver has no medical history of heart problems but suffers a heart attack while driving, an auto accident lawyer can likely prove a sudden medical emergency defense. However, if the driver has a documented medical history of heart problems, the defense will likely be rejected on the basis that the medical emergency was reasonably foreseeable.
Illinois Insurance Laws
Illinois does recognize the sudden medical emergency defense in a car accident caused by a medical emergency and follows fault insurance laws in determining liability for damages from a car accident. Insurance laws hold the at-fault driver legally responsible for an accident. Typically, an at-fault driver’s insurance carrier covers damages for property and personal injuries, unless the sudden medical emergency defense is successfully proven in court by an auto accident lawyer.
In Illinois, a person who suffers property damage and/or injuries in a car accident has three ways to recover damages:
- File a claim with his/her own insurance company
- Pursue a claim directly with the other driver’s insurance company
- File a personal injury lawsuit against the at-fault driver in civil court
In Illinois, no fault insurance laws require an injured motorist to first exhaust his/her own insurance policy limits for damages before pursuing a claim against the other driver, regardless of who is at fault.
Car accidents can be disorienting and trying to deal with insurance providers is frustrating. A Chicago car accident attorney can help accident victims understand their liability, other drivers’ liability, and what they may be able to recover. Liability for a car accident due to a medical emergency is a complicated question. Fortunately, a car accident attorney can help accident victims sort through the complications that surround a car accident caused by a medical emergency.
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Chicago personal injury and workers’ compensation attorney Howard Ankin has a passion for justice and a relentless commitment to defending injured victims throughout the Chicagoland area. With decades of experience achieving justice on behalf of the people of Chicago, Howard has earned a reputation as a proven leader in and out of the courtroom. Respected by peers and clients alike, Howard’s multifaceted approach to the law and empathetic nature have secured him a spot as an influential figure in the Illinois legal system.
