When Can I Use the Medical Emergency Defense After a Car Accident?griffinreynoldswriter
Many medical emergencies happen unexpectedly, but some people with a history of certain conditions like seizures might have a better chance of knowing that another seizure is likely. For this reason, some people with epilepsy may be restricted from driving unless they take certain medications. For those with unpredictable medical emergencies, you may be wondering what your options are if your medical condition led to a car accident that involved other people.
The good news is that you might not have to pay for the damages if the medical emergency defense applies in your situation. Talk to an Oklahoma car accident lawyer to find out more.
Prevalence of Medical Emergency Car Accidents
Medical emergencies cause up to 20,000 car accidents in a given year. Common examples of what constitute medical emergencies are blackouts, seizures, heart attacks, diabetic emergencies, and strokes. One of the most common medical emergencies associated with car accidents are seizures. A driver having a seizure will lose control of their body and the steering wheel.
Blackouts and diabetic reactions are the next most common medical emergencies that cause car accidents. Heart attacks and strokes are the least common, but still make up around 13 percent of accidents. Surprisingly, most drivers with medical emergencies that led to accidents reported feeling fine right before the onset of their medical condition. Only 19 percent reported feeling signs like fatigue and drowsiness.
Another surprising fact is that the majority of drivers in those accidents, at least 85 percent, were using prescribed medications designed to prevent their medical conditions. This shows how difficult it is to predict when certain medical conditions will come up while driving. Only 17% of these drivers were involved in accidents with other drivers.
How the Medical Emergency Defense Works
The medical emergency defense can be tricky depending on the type of medical condition, what factors were involved in the accident, and whether you were on medications for a known medical condition. All of these aspects will be examined by the court to determine whether you really fit the medical emergency defense. As you probably know, courts are wary of people abusing the medical emergency defense to avoid paying for damages.
Your lawyer will work with you to prove three different things concerning the medical emergency defense. This means proving you lost control because of the medical condition, this happened before the accident, and this directly led to the accident. However, you will likely not be able to use this defense if the court finds out your doctor told you not to drive because of your medical condition or if you simply knew about this condition beforehand.
Car Accident Lawyer in Oklahoma
Paying for damages to the other driver and passengers injured in a car accident can be expensive. Consider hiring an Oklahoma auto accident lawyer if you caused a car accident because of a medical emergency. If the medical emergency defense applies in your situation, you may be able to avoid paying for significant damages. Contact the Law Firm of Griffin Reynolds at (405) 721-9500 for a free consultation today.