Medical emergency caused a car accident – car injury lawyer AnnapolisWritten by ruxandra
In many motor vehicle accidents, the other driver either couldn’t stop in time or ran a red light. But there are situations when the other driver suffered just before the accident a medical emergency, making liability not so simple. With the help of your car injury lawyer from Annapolis, you can determine the liability of the other driver and file your claim correctly. Filing the claim against the correct person or business may depend if you receive car injury compensation in Annapolis.
What is “medical emergency” defense?
In most US states, including Maryland, a driver may be relieved from liability if they suffered an unforeseen a medical emergency which caused the accident. This is known as “sudden medical emergency defense”. This means that even if you suffered a car head injury in Annapolis if the driver responsible caused the accident because of a medical emergency, they will not be found responsible.
The logic behind this is that if a person suffered a sudden medical emergency then it means that they did not act negligently, but the accident was caused by something beyond their control. If a driver claims they suffered a medical emergency before the accident, they have to prove the following:
- They lost consciousness suddenly before the accident
- The loss of awareness caused the driver to lose all control over the vehicle
- The loss of consciousness was the result of an unforeseen sudden medical emergency
The driver can successfully prove this with the help of their car accident attorney from Annapolis. As a result, they will be off the financial hook for the vehicle damages and injuries suffered by other traffic participants (including a car head injury in Annapolis).
Who pays for the car accident in the case of a sudden medical emergency?
If you’ve been in an accident caused by a driver who suffered a sudden medical emergency, you may have no chance of receiving car injury compensation in Annapolis. This happens because it would be unfair for the “theoretically liable” driver to be accountable for the uncontrollable and unforeseeable event. The insurance companies may follow a “no-fault” car insurance system, in which your own insurance pays for the injuries and losses. This means that you will receive the compensation you need from your own insurance company.
Getting legal help
If you’ve caused an accident after suffering a medical emergency, you should firstly contact your car accident attorney from Annapolis. Your lawyer will notify the insurance company. You should also get checked by a physician to determine the causes of the medical emergency. If you’ve been involved in a car accident that either was or wasn’t your fault, it is best to talk to an experienced lawyer that will ensure your rights are protected.
For more information about sudden medical emergency and car accidents, contact the best car accident attorney from Annapolis at (443) 569-3950 or send an email at [email protected].