Car Accidents Caused by Medical Conditions
When people think about car accidents, they often imagine a driver losing control of his or her vehicle as a result of speeding or otherwise violating a traffic law. While it is true that this type of negligent and reckless conduct does lead to thousands of car accidents every year, a surprising number of crashes are actually caused by medical emergencies. Losing control of a vehicle as a result of a medical episode can lead to serious injuries, as the at-fault driver is often unable to brake or swerve out of the way, which means that collisions usually occur at high speeds. In these cases, the driver suffering from a medical episode can still be held accountable for resulting injuries by filing a negligence claim in court, so if you were involved in a crash that can be linked to a driver’s medical condition, it is important to speak with an experienced car accident attorney who can help you seek compensation for your medical bills and other losses.
The Dangers of Driving with a Medical Condition
Under Florida law, drivers suffering from medical conditions can rarely be prohibited from operating a motor vehicle. This can have dangerous consequences, as the National Institute of Health has stated that there are a variety of chronic medical conditions that are actually likely to increase the risk of being involved in an accident, including epilepsy, diabetes, dementia, and cardiovascular disease. In fact, many medications used to treat these types of conditions can also impact driving ability. The most common include sleep medications, cough syrup, antihistamines, narcotic pain pills, tranquilizers, and antidepressants.
Filing a Negligence-Based Claim
The fact that a defendant was suffering from a medical condition can complicate a claim for damages, but does not necessarily mean that an injured party cannot collect compensation, as it is common in these situations for an insurer to argue that a driver’s medical condition was unavoidable. However, a careful review of a driver’s record and medical history could help demonstrate that the individual shouldn’t have been driving in the first place and that it was reasonably foreseeable that his or her illness could cause an accident. Many plaintiffs are also able to argue that a reasonably prudent driver would not risk the health and lives of others by operating a vehicle.
This is true even when an injured party is also found to be partly at fault for a crash, as Florida law allows partially at-fault plaintiffs to collect compensation for their losses, although the amount will be reduced by their own percentage of fault.
Speak with an Experienced Car Accident Attorney
If you were injured in a car accident where the other driver lost consciousness or was otherwise suffering from a medical condition, you may still be eligible to collect damages. To find out more about these and any other legal options that you may have, please call one of the dedicated Fort Lauderdale car accident lawyers at Boone & Davis by calling 954-566-9919 today.