Medical Episodes: Are They Legitimate Excuses for Crashes in Tampa?

Many accidents these days seem to be caused by “medical episodes.” A person might have one of these episodes before veering into oncoming traffic or a crowd of pedestrians. A medical episode might also cause someone to rear-end another driver at high speeds. Whatever the case may be, injured victims might wonder whether this is truly a legitimate excuse. Can a Tampa car accident lawyer help you pursue justice and accountability? 

Examples of Crashes Caused by Medical Emergencies 

The classic example of a crash caused by a medical emergency involves a driver having a heart attack, seizure, or stroke before crashing. After suffering this type of episode, the driver may subsequently crash and injure other people.

Some medical emergencies are less debilitating than others. For example, someone might claim that they had a “coughing fit” before crashing. Another person might argue that they choked on their food before losing control of their vehicle. These emergencies are arguably less convincing than seizures, strokes, and heart attacks.

Medical Episodes Might Not Be Convincing Excuses

When approaching a crash caused by a medical episode, one must first consider whether the resulting injuries are serious. If so, then a lawsuit could be possible. If not, then the injured party will likely pursue their claim through the no-fault system. In the no-fault system, there is no need to prove that the at-fault driver did anything wrong. As a result, their medical emergency or lack thereof is something of a moot point.

The real question is whether this type of excuse will stand up to scrutiny during a litigated personal injury lawsuit. The answer? It depends. Florida follows a “modified comparative negligence” doctrine, which allows the court to consider the degree to which each party contributed to the crash. Some medical emergencies may make a person less responsible for their accident. In other situations, drivers may still be liable for causing crashes despite their medical emergencies.

It all comes down to the specifics of each situation. Suppose a person had a heart attack behind the wheel. Did they forget to take their heart medication before getting behind the wheel? Were they also drinking or texting while driving? Factors such as these could be important, even after a seemingly “unavoidable” medical emergency.

Take the example of someone choking on food while driving. Why were they eating while driving? This is a form of distracted driving, so the “medical emergency” excuse doesn’t really excuse negligence in this scenario.

Can a Tampa Auto Accident Lawyer Help Me?

In many situations, medical episodes represent legitimate excuses for those who cause crashes. That being said, you still deserve compensation for your injuries. Even if the other driver had a medical episode, you can still explore your legal options alongside a Tampa auto accident lawyer. These legal professionals can help you determine whether the medical episode was legitimate. Reach out to Anderson & Anderson today to learn more.

Source: 

wtsp.com/article/traffic/florida-crash-tampa-woman-dead-glades-county/67-92cce27a-53c8-4481-b171-99c488785762