Car and other automobile accidents can be arduous legal battles between parties. In nearly every case, one or both parties will attempt to pull out excuses to avoid liability for the accident. Despite the prevalence of these excuses, one that often puts up a solid legal defense is that of a sudden medical emergency.
In these cases, someone may have lost control of their car against their own free will. The Law Offices of Howard Kornberg have seen this topic on numerous occasions, suggesting that the public may be unaware of some details surrounding sudden medical emergencies. Contact one of our Los Angeles car accident attorneys today for more information regarding automobile accidents.
The Responsibility of Burden of Proof
A common question brought up with clients involved in an accident involving a sudden medical emergency is the burden of proof. In the case of a sudden medical emergency, the burden of proof is on the operator who supposedly experienced the emergency. This is a common concern, as in most automobile accidents, the injury victim is usually the one who must prove the other driver’s negligence to assign liability.
What Exactly Is a Sudden Medical Emergency?
Common law defines what a sudden emergency – the category under which a sudden medical emergency falls – is and its legal implications. If someone were to cause injury or death to another person under this categorization, they may be able to avoid liability for their actions.
Some examples of a sudden medical emergency include the following:
- Seizure
- Stroke
- heart attack
- Brain aneurysm
- Fainting
These episodes must have one thing in common: They must be unforeseen to the driver. In most cases, the driver must lose consciousness and the ability to avoid an accident with other cars on the road responsibly.
Who Is Liable After a Sudden Medical Emergency in California?
Generally speaking, if the operator claiming a sudden medical emergency cannot prove they had the previously mentioned emergency, they will be financially liable for any damage incurred in the accident. If a claim by the injured party is denied, they may choose to file a lawsuit to secure any financial compensation they feel is rightfully theirs. The prosecution may also choose to file claims against doctors who may have given the medically jeopardized driver permission to drive, other drivers involved in the crash, or other parties.
It is additionally essential to understand the fine print of your insurance coverage. Under some terms and conditions, you may still be insured for compensation despite a field claim against a sudden medical emergency.
Troubles After a Car Accident? Call HCK Today
Experienced auto-accident attorneys like those at the Law Offices of Howard Kornberg are at the helm of automobile accident law. It is critical to reach out to one of these lawyers as soon as possible to increase the chances of securing financial compensation for any losses you may have experienced.
Our office offers free consultation and has a solid track record of securing large amounts of compensation for our clients. Call one of our Los Angeles car accident attorneys at 310-997-0904 as soon as possible to learn about your options after a car accident involving a sudden medical emergency.
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