Medical emergencies can occur at the most inconvenient time possible. A driver might have a stroke and this might cause them to lose control of their vehicle and crash. Under the sudden medical emergency doctrine, a driver might be able to avoid being held liable for an accident. However, the driver will need to prove that they had a medical emergency to be able to use this defense.
Liability After an Accident
After a car accident, the party that is considered to be liable is typically considered to be at fault. If you were clearly not at fault for the accident, you'll want to prove that the other driver was at fault so that they will be liable for your damages.
Sudden Medical Emergencies
A sudden medical emergency case is difficult to prove. However, if the other driver tells their insurance provider that they had a sudden medical emergency, the insurance provider might be less willing to compensate you for the damages you have suffered.
How to Counter a Sudden Medical Emergency Defense
Fortunately, with the help of an auto accident attorney, you might be better able to prove that the other party should still be held responsible for the accident. One way to do this is to show that there is no evidence that the medical emergency occurred.
One aspect of the sudden medical emergency defense is that the other party will need to prove that they were not able to foresee the accident occurring. For example, if you and your attorney are able to find evidence that the other party was aware of the medical condition they were suffering from and still chose to drive, creating a dangerous situation, they might still be held responsible for the accident.
How to Receive Compensation for Your Injuries
If the other party is responsible for the accident, you will not necessarily be suing them directly. If they are carrying auto insurance, you will instead need to pursue a settlement with their auto insurance provider.
To receive full compensation for the damages you have suffered, you and your auto accident attorney will need to gather evidence to prove the full extent of your injuries. These can include medical expenses, future medical expenses, lost wages, and pain and suffering. Once you have determined the full extent of your injuries, you'll be able to negotiate a settlement. If this isn't possible, you may be able to take the insurance provider to court.
For more information, contact auto accident attorney services near you.