There are many car accidents that are easy to find fault with. If someone is driving under the influence, he or she is typically liable for the accident. If someone runs a red light, he or she is often the responsible party. What if the accident is caused by a medical condition? This can complicate the situation a little more, but the following are some things to be aware of.
Common Medical Conditions That Result in Car Accidents
Not every medical condition will cause a car accident, yet there are others that are common causes. For example, heart conditions, diabetes, epilepsy and other seizure disorders, physical disabilities, visual impairments, and brain conditions could all cause car accidents. Sometimes they show up for the first time while the sufferer is behind the wheel, and other times the individual has an episode on the road after controlling the condition with medication for an extended period of time.
Determining Awareness
As a judge looks at a case involving a medical condition as the cause of the accident, he or she will need to determine whether the individual was aware of the condition. This is done by consulting physicians, surgeons and other medical professionals. If the individual is determined to have been aware of the condition, the judge will then need to figure out if the individual acted in negligence about his or her condition. If the individual is shown to not have any previous knowledge of the condition, he or she may not hold any liability for the accident.
Determining Negligence
To determine whether negligence of the condition occurred, the judge may take a look at what the individual needs to do for his or her condition. For example, someone with epilepsy may be able to control the condition with certain medication. His or her physician may have given the go-ahead for driving again because of the level of control. If the individual was consistent at taking that medication, but had a seizure while behind the wheel, negligence may not be the issue.
If a judge determines the individual should not have been behind the wheel as ordered by a physician, negligence could be the issue. If a judge uncovers the individual had not been taking his or her medication as prescribed, that could also be considered negligence.
Contacting the Professionals
If you are in a car accident due to a medical condition you suffer from, it’s important you have a lawyer by your side. Whether you were negligent or truly surprised by the episode, you deserve proper representation. Contact a lawyer, like a car accident lawyer from Andrew R. Lynch, P.C., today for a consultation.