Who Is Liable When an Alabama Car Accident Is Caused by a Medical Emergency?

When an Alabama car accident was caused by a medical emergency, the driver is liable if they knew or should have known about the medical condition that caused the emergency but didn’t do anything to protect others.

While a medical emergency isn’t the fault of the person having it, that’s no excuse to fail to take precautions when someone knows they’re at an increased risk that their condition could result in a collision. Whether the cause of the accident was a seizure, a stroke, or some other sudden emergency, the driver is liable if they don’t take reasonable actions to keep other people safe.

Call an ambulance rather than trying to drive if you’re having a medical emergency. If you know you’re at risk of having a medical emergency at any moment, ask someone else to drive you to your intended destination.

What Are Common Causes of Auto Accidents Due to Medical Emergencies?

Common causes of car crashes due to medical emergencies include:

• Stroke
• Heart attack
• Seizure
• Loss of consciousness or dizziness due to low blood sugar
• Vertigo
• Migraine
• Motion sickness
• Sudden, severe pain
• Vision issues
• Choking

Any medical emergency that interferes with the driver’s ability to control the vehicle or pay attention to the road can cause an auto accident. However, the driver is liable only if they knew they were at risk of experiencing such a medical emergency.

For instance, a driver with epilepsy must be seizure-free for six months to drive in Alabama. If a person with epilepsy drives shortly after having a seizure, they know they are at risk for having another seizure at any time and can be held liable if they have a seizure that results in a collision.

What Constitutes a Medical Emergency?

Alabama Medicaid defines a medical emergency as any situation in which a person:

• Has a serious health problem
• Reasonably believes that their health problem could cause serious harm to their body or health if they don’t get help immediately

The National Library of Medicine lists symptoms of a possible medical emergency, including:

• Breathing problems
• Bleeding that won’t stop
• Fainting
• Choking
• Chest pain lasting more than two minutes
• Coughing up blood
• Sudden, severe pain
• Persistent vomiting

Many symptoms can indicate a medical emergency, but the common factor is the need for immediate medical care. If a person knows they are at risk of needing immediate medical care at any time, they should not drive.

How Do You Determine Who Is At Fault in Car Accidents Caused by Medical Conditions?

If you file a claim against the other driver for an accident caused by a medical emergency, the other driver may invoke the sudden emergency doctrine in their defense. According to the U.S. District Court for the Middle District of Alabama, the sudden emergency doctrine lowers the standard of care expected of the driver.

The Alabama court in Polansky v. Dixon ruled that a driver dealing with a sudden emergency “is not held to the same correctness of judgment and action as if he had time and opportunity to fully consider the situation.” However, the sudden emergency doctrine does not apply unless:

• There is a sudden emergency.
• The emergency is not the driver’s fault.

According to the National Highway Traffic Safety Administration (NHTSA), 84 percent of medical emergency accidents are caused by a seizure, blackout, or diabetic reaction. Most of these drivers knew they had a condition that could cause a medical emergency.

If the driver knew they had a condition that could cause an emergency and chose to drive anyway, then the emergency is not really sudden – and the fact that it happened while driving is the driver’s fault. The sudden emergency defense can only work if the driver doesn’t know they have a medical condition that could cause an emergency.

How Can a Medical Emergency Defense Affect Your Car Accident Claim?

A sudden emergency defense can work if the other driver’s attorneys can prove:

• The medical emergency was genuinely unexpected.
• The driver could not have reasonably foreseen the emergency.

In this situation, the other driver will probably not be found liable. However, if your attorney can prove that the medical emergency wasn’t entirely unexpected and that the other driver could have reasonably foreseen it, then the other driver will probably be liable.

What Should You Do If You Experience a Medical Emergency While Driving?

According to the U.S. District Court for the Middle District of Alabama, “the ordinary negligence standard requires a person to act as a reasonably prudent person would under all the circumstances, including those of a sudden emergency.”

So, how would a reasonably prudent person act if they experienced a medical emergency while driving? In that situation, you should signal to alert other drivers and then pull over to a safe spot as soon as possible under the circumstances. Of course, that depends on whether you are still conscious and capable of controlling the vehicle.

If you know you are having a medical emergency but don’t choose to pull over, then you are not behaving the way a prudent person would, and you could be held liable if an accident results. For instance, if you are having a heart attack or a stroke and you try to drive yourself to the emergency room, you may be liable if you get in a collision on the way. It’s much smarter to call an ambulance in that situation.

Contact an Alabama Car Accident Lawyer

Here at Gartlan Injury Law, based in Dothan, Alabama, we know how stressful and overwhelming it is to deal with insurance companies while recovering from your injuries. Medical expenses, lost wages, and other losses add up quickly. But that doesn’t stop the insurance company from trying to deny your claim, minimize your damages, or shift the blame for the accident to you.

That’s why we aggressively pursue maximum compensation. We’ll stand up to the insurance company for you and fight for your rights so you can focus on healing. If you need an Alabama car accident lawyer, contact Gartlan Injury Law today.

Visit Our Alabama Cat Accident Law Offices