When it comes to car accidents, liability plays a big role in who is legally responsible for the incident. Sometimes it is something straight forward, like a drunk driver running a red light and causing a collision.

But other times, it is not so clear cut. Liability can become a bit more complicated in a situation where you or the other driver suffers a medical emergency just before the accident.

Rear-end Collisions Caused By Faulty Brakes

More often than not, the “sudden medical emergency defense” can relieve your from liability for the incident. This is because suffering an unforeseen medical emergency is not the same as acting negligently.

Of course, this is heavily dependent on if the medical emergency was unforeseen and the burden of proof will lay with you. If you claim to have suffered a medical emergency, you will need to prove three things:

  1. You lost consciousness suddenly prior to the accident occurring
  2. Your loss of consciousness caused you to lose control of the vehicle
  3. Your loss of consciousness happened because of an unforeseeable medical emergency

If you are able to prove these things, you and your insurance company could be off the hook for liability.

If you were on the other side of an accident where the other driver suffered the medical emergency, your type of insurance may dictate what you will pay. A no-fault car insurance system means your insurance will pay for your injuries and other losses, regardless of the cause.

Whether you were the driver that suffered a medical emergency, or the driver on the receiving end of another driver suffering from a medical emergency, you should consult an experienced lawyer to make sure your rights are protected.

California Personal Injury Lawyers Will Help

When it comes to a car accident where you or a loved one may have suffered an injury, you will need the expertise of an experienced personal injury lawyer. In California, look no further than The Paris Firm in Chino Hills.

There, you will find a dedicated team of lawyers that handle car accident claims and personal injury claims. They will fight on your behalf to make sure you are properly compensated for any damages you may have suffered.

To begin discussing your case with an experienced lawyer at The Paris Firm, fill out the online contact form today.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.