Medical Conditions and Liability in Car AccidentsNovember 19, 2018
In March of 2018, two small children, including the 4-year-old daughter of a Tony Award-winning Broadway actress, were fatally injured in a car accident as they were crossing the street at an intersection in the Park Slope neighborhood of Brooklyn.
According to authorities, the driver had a seizure, which caused her to drive through the red light and hit the pedestrians as they were crossing the street. The driver, who was facing a 15-year prison sentence, was found dead in her Staten Island home of an apparent suicide.
This is just one tragic example of how a medical condition can affect one’s ability to safety operate a motor vehicle. Determining liability generally depends on a number of factors, which an experienced Baltimore car accident lawyer can explain.
When a driver loses consciousness or has a seizure due to an undiagnosed medical condition, resulting in a serious car accident, it can be difficult to prove that the driver is responsible for causing the accident.
If the driver was unaware of the medical condition, he or she may avoid being held liable by using the medical emergency defense.
In order to pursue this line of defense, the driver will need to prove the following:
- The seizure or loss of consciousness occurred without warning, leaving little to no time to react and prevent the accident.
- The seizure or loss of consciousness was a result of the undiagnosed medical condition, and the resulting injuries caused by the accident were unforeseeable.
- The medical emergency caused the driver to lose control of the car, which caused the accident.
Known Medical Condition
If the driver was aware of his or her medical condition, and the risk of becoming incapacitated while operating a motor vehicle, he or she will likely be liable for any injuries that resulted from the accident. Even if the driver has never experienced any seizures or loss of consciousness while driving, the knowledge of the condition, and the potential for becoming incapacitated, makes the driver responsible.
Conditions like epilepsy, diabetes, certain heart conditions, and other medical conditions, are known to cause seizures or loss of consciousness.
A skilled Baltimore car accident lawyer will review the driver’s medical records to determine whether he or she had been diagnosed with a medical condition, and was therefore aware of the potentially dangerous events that could occur when driving a car.
The legal team may also call on medical experts to gain a more thorough understanding of the medical condition and the symptoms and reactions associated with it.
Baltimore Car Accident Lawyers at LeViness, Tolzman & Hamilton Represent Victims Injured in All Types of Car Accidents
If you have been injured in a car accident involving another driver who has a medical condition, it is in your best interest to contact the Baltimore car accident lawyers at LeViness, Tolzman & Hamilton at your earliest convenience. We will determine whether the driver was aware of his or her condition at the time of the accident. Based on our findings, we will pursue the maximum financial compensation you deserve for your injuries. We will not stop fighting for you until justice has been served. To schedule a free consultation, call us today at 800-547-4LAW (4529) or contact us online.
Our offices are located in Baltimore, Columbia, Glen Burnie, and Towson, allowing us to represent car accident victims in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.