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What Happens in a Car Accident Case Involving a Sudden Medical Emergency?

Rockford Auto Accident AttorneyIn a typical vehicle accident case, it is fairly straightforward to determine who was at fault at the time of collision. But what if the at fault driver had a stroke or suddenly became unconscious due to low sugar levels, causing them to lose control over their vehicle and crash into the other driver? In such a situation, the case may become very complicated, as the at-fault driver may opt for a sudden medical emergency defense to reduce liability or the court may even waive it off altogether.

Such accidents are also quite rare. According to a report by the National Highway Traffic Safety Administration (NHTSA), only 1.3 percent of auto accidents on US roadways occur because of a medical emergency. This is another reason why such auto accident cases are very complicated to determine liability and seek compensation.

What is meant by the Sudden Medical Emergency Defense?

A majority of the US states recognize the sudden medical emergency defense, including Illinois. It is considered as an Act of God affirmative defense and relieves the defendant from liability for causing an auto accident because they suffered from an unforeseen medical emergency. The decision is based on the fact that the driver was not negligent when the accident occurred because it was completely unforeseen, and hence they should not be held liable for something that is beyond their control.

When a driver uses the unexpected medical emergency defense, they are required to establish the following:

  • They suddenly lost consciousness BEFORE the car accident took place
  • The loss of consciousness is what caused the driver to lose control
  • An unforeseeable medical emergency resulted in the loss of consciousness

If the defendant is successful in establishing these three facts, the chances of incurring financial liability for any property and bodily damages being waived off may increase dramatically. A few examples of medical conditions resulting in a sudden medical emergency include:

  • Strokes
  • Seizures
  • Sudden drops in blood pressure
  • Fainting
  • Bad reactions to medication
  • Diabetic episodes
  • Mental delusions
  • Heart attacks

Who Pays Damages in a Sudden Medical Emergency Case?

If you are the victim of a car accident and the defendant is able to successfully establish their unexpected medical emergency defense, you may not have any way to recover any damages from the at-fault driver. In such a situation, you may turn to your own insurance policy to pay your property damage and medical bills after the accident. But your insurer may deny your claim on your own uninsured or underinsured motorist coverage policy. This is because the insurance company may use the same defense as the defendant, leaving you in a hopeless situation where you may have to sustain all the damages on your own.

It is due to such reasons that sudden medical emergency cases should not be taken lightly. It is best that you consult your situation with an experienced auto accident attorney, who will evaluate the case and dig up any loopholes that may be present in the defendant’s defense for unexpected medical emergency. Contact Fisk & Monteleone Ltd. today at 815-209-9030 to schedule a free case consultation with one of our experienced attorneys.