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How the Medical Emergency Defense Can Help Your Car Accident Claim

Posted by NY Legal News | Jun 08, 2022 | 0 Comments

Certain unexpected medical emergencies like heart attacks can make a driver immune from liability for a car accident. This involves using the medical emergency defense when submitting a car accident claim. However, specific criteria must be met to qualify a driver to use this defense. Feel free to ask a New York City car accident lawyer to see if this could apply to your car accident.

What is the Medical Emergency Defense?

The medical emergency defense is something that could make an at-fault driver immune from liability in a car accident. Only certain medical emergencies can qualify for this defense to work. Common examples of medical emergencies that usually qualify include:

  • Heart attacks
    How the Medical Emergency Defense Can Help Your Car Accident Claim
  • Strokes
  • Fainting
  • Seizures
  • Diabetic episodes

What these all have in common is they are unexpected, unforeseeable medical events. They are also sudden medical conditions that are hard to manage in enough time to pull off to the side of the road. These medical events are severe enough to make drivers lose control over their vehicles.

For the medical emergency defense to work, the driver must prove the medical event caused a loss of control over driving. This loss of control must have happened before the car accident. Proving these can be difficult depending on the complexity of the accident.

If the medical emergency or event is deemed predictable, then this defense may not work. When the driver was aware of the medical condition or forewarned not to drive due to a medical condition, this could also work against this defense. Certain disorders like epilepsy, for example, may disqualify people for the medical emergency defense since they know about the risks of driving.

How to Defend Your Car Accident Claim

You can use the medical emergency defense in your car accident claim to defend against liability. Other necessary car accident steps can improve your car accident claim. One of the most important steps is to call 911 if anyone is injured. Contact the police for the same reason or if property damages are severe.

Be sure to collect the other driver's contact and auto insurance information. Without this, filing an accident claim will be extremely difficult. The same issue may arise without a copy of the police report. Obtaining a copy of your medical records is also vital to prove any injuries you suffered.

You might be able to request compensation from the other driver if you suffered injuries and the other driver was partially at fault. Consider contacting a New York City accident lawyer to see what legal steps this requires.

New York City Car Accident Attorney

You may not have to pay for all the car accident damages yourself. Contact the Sullivan and Brill Law Firm by dialing (212) 566-1000 today to speak with a New York automobile accident lawyer for a free consultation. Our New York City attorneys might be able to help you obtain compensation for medical expenses, emotional distress, and lost wages. We serve clients throughout New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.

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