The Sudden Medical Emergency Defense Claim

December 30, 2021
On behalf of The Law Offices of Howard Craig Kornberg Posted in Car Accident

Car and other automobile accidents can be extremely arduous legal battles between two parties. In nearly every case, one or both of the parties will attempt to pull out excuses in an attempt to avoid liability for the accident. Despite the prevalence of these excuses, one that often puts up a strong 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. This topic has been seen on numerous occasions by the Law Offices of Howard Craig Kornberg, suggesting that the public may be unaware of some details surrounding sudden medical emergencies. Contact one of our Los Angeles, CA 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 that supposedly experienced the emergency. This is a common concern as in most cases of an automobile accident, 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 sudden medical emergency falls – is and what legal implications it has. 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

What these episodes must have in common is that they are unforeseen to the driver. In most cases, they must lose consciousness and the ability to responsibly avoid an accident with other cars on the road.

Who Is Liable After a Sudden Medical Emergency in California?

Generally speaking, if the operator claiming a sudden medical emergency is unable to prove that they had the previously mentioned emergency, they will be financially liable for any and all damage incurred in the accident. In the case that a claim by the injured party is denied, they may choose to file a lawsuit in an attempt to secure any financial compensation they feel is rightfully theirs. The prosecution may also choose to file claims against doctors that may have given the medically jeopardized driver permission to drive, other drivers involved in the crash, or other parties.

It is additionally important to understand the fine print of your insurance coverage. Under some terms and conditions, you may still be insured compensation despite a field claim against a sudden medical emergency.

Troubles After a Car Accident? Call HCK Today

Experienced car-accident attorneys such as those at the Law Offices of Howard Craig Kornberg are at the helm of automobile accident law. It is critical to reaching 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 not only offers free consultations but has a solid track record and securing large amounts of compensation for our clients. Call one of our Los Angeles car accident attorneys at 310-997-0904 at your earliest convenience to learn about your options after a car accident involving a sudden medical emergency.


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