Drivers with medical conditions can make for dangerous driving situations. An individual with epilepsy who suffers a seizure while driving could very easily cause an auto accident. Other times, a person may have an unexpected medical episode like a heart attack and cause an accident.
In a case where a person suffers a medical event and causes an accident, it must be determined who is to blame. A driver who is aware of their medical condition and chose to drive could be held liable in a civil lawsuit brought forth by the victim. It is critical that you seek legal representation from a car accident lawyer. An auto accident attorney can help you understand your rights as a victim of an auto accident at the hands of a driver who had a medical episode.
A recent report by ABC News detailed the story of a driver who had several accidents due to seizures. Since 2002, the driver’s license had been suspended on six different occasions. After an accident the driver caused in 2013, the driver was ordered to produce letters from his doctor as verification that he was able to drive. The letter from the doctor were to be produced annually in order to keep his license.
Unfortunately, six months ago the driver felt a seizure was coming on, but chose to get behind the wheel anyway. On his way to the grocery store, he suffered a seizure and killed two young children in an auto accident. Criminal misdemeanor charges for recklessness were dropped after the driver settled with the family of the children killed. The seizure was clearly not the driver’s fault, but the driver admitting that he felt a seizure was coming prior to getting in the car is a clear cut case of negligence, thus entitling the children’s family members to damages.
Auto accident cases caused by a medical episode are not always as clear-cut as this case. Victims of an auto accident caused by a driver with a medical episode that he or she was not aware of face a greater challenge in proving negligence. The burden is on the victim to prove a reasonable person would not have made the choice to get behind the wheel. The victim would also have to prove the driver understood the harm they could cause by driving.
It is highly recommended you hire an experienced auto accident attorney if you are involved in an auto accident with a driver who suffered a medical episode. An attorney can help by subpoenaing medical records, conduct an investigation and gathering proof showing the driver was aware of his medical condition and chose to drive anyway.
