Personal injury victims cannot recover compensation for their injuries unless they are able to prove liability. But, sometimes proving liability is more difficult than it may seem. There are a number of strategies defendants can use to escape liability, including the medical emergency defense.
The Medical Emergency Defense
The medical emergency defense is typically used in cases involving car accidents. When a defendant uses this defense, he is saying that the accident occurred because he was experiencing a medical emergency. For example, let’s say a driver suffers a heart attack while behind the wheel. He loses control of the vehicle because of the heart attack and crashes into your car. In this case, he may be able to use the medical emergency defense.
A heart attack is not the only health condition that can lead to a medical emergency. Any condition that causes someone to lose consciousness, diabetic episodes, and strokes can all be considered medical emergencies.
The Emergency Must Be Unexpected
It’s important to note that the defendant can only use this defense if the emergency medical condition he experienced was unexpected. If the driver was aware of the medical condition, he may not be able to use this defense to escape liability.
For instance, let’s say a doctor tells a patient that he should no longer drive while using a certain medication. If the patient ignores the doctor’s orders, he cannot use the medical emergency defense if his medical condition leads to an accident.
Fighting Back Against the Medical Emergency Defense
There are ways for your attorney to disprove the medical emergency defense. For instance, a review of the defendant’s medical records may reveal that a doctor had warned him to avoid driving. Medical records may also show that the defendant never sought medical treatment after the accident, which could call into question whether the emergency even occurred in the first place.
It’s also possible that court records will show that the defendant has been in this situation before. If this is true, it means he was well aware of his medical condition, and should not be able to use it to defend himself in this case.
Have you been injured in an accident that was not your fault? If so, contact Reisch Law Firm at once. Our team of experienced personal injury attorneys will immediately begin to gather evidence that is needed to prove liability in your case. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.