When car accident caused by medical emergency happen in Texas, the liability questions can become difficult. A motorist could have a seizure, heart attack, stroke, diabetic episode, fainting spell, or some other abrupt condition that leads them to lose control of a car. “A medical emergency, however, does not immediately relieve you of liability. The major question is often whether the condition was actually unexpected and unanticipated or if the motorist knew or should have known driving was risky.
Table of Contents:
- What Is a Car Accident Due to a Medical Emergency?
- Who Is Responsible For A Car Accident That Occurs Due To A Medical Emergency In Texas?
- Why Foreseeability Is Important?
- Common Medical Emergencies Causing Crashes
- When a Driver May Remain Liable?
- What Proof Is Required to Establish Liability?
- Can Others Be Held Responsible?
- Texas Comparative Fault Laws
- Compensation Following an Accident
- What Compensation Can an Accident Victim Recover?
- What to Do After an Accident
- How the Roxell Richards Injury Law Firm Can Help?
- Contact Roxell Richards Injury Law Firm today!
What Is a Car Accident Due to a Medical Emergency?
A medical emergency car accident occurs when the driver’s medical condition impacts their capacity to properly operate a vehicle.
Possible examples include:
-
- A seizure
- Heart attack
- Stroke
- Diabetic emergency
- Sudden passing out
- Loss of consciousness
- Severe reaction to drugs
- Neurological event
The driver’s medical condition plays a significant role in the responsibility investigation, unlike typical crashes that involve speeding, distracted driving, or reckless behavior. But the fact alone of a medical emergency does not, in and of itself, indicate that the crash was unavoidable.
The attorneys may need to investigate whether the motorist had experienced similar symptoms in the past, received medical warnings, or ignored driving limitations, or if the driver continued to drive after recognizing dangerous signs.
Who Is Responsible For A Car Accident That Occurs Due To A Medical Emergency In Texas?
Liability is decided based on the facts of the accident.Texas negligence cases generally focus on whether the party acted with reasonable care and whether the failure to do so caused injury to someone else.
If a motorist has some completely unexpected medical event and passes out, it may be a defense that the collision was unavoidable. A healthy driver, with no medical concerns, could experience a first-time seizure and lose control of the vehicle quickly. If there were no warning signs or prior events, proving carelessness may be difficult.
Now let us say that you are a driver, with a few blackouts recently, and told by a doctor not to drive. If that person ignores the warning, drives anyway, and is involved in a crash during another blackout, it may be considerably simpler to prove liability. The key issue is typically not simply what happened during the incident but what the driver knew before getting behind the wheel.
Why Foreseeability Is Important?
The issue of foreseeability is enormous when a medical emergency causes a car accident.
The issue is whether the driver could reasonably have known that his medical condition could impair the safe operation of a motor vehicle.
A real health crisis that nobody expected could be a defense for being careless. But a driver can still be held liable if warning signs were present.
Key areas include:
-
- History of seizure
- History of fainting
- Dizziness
- Chest pain
- Cautions for medication
- Doctor’s driving restrictions
- Uncontrolled medical illness
- Other things like this
If the driver understood that an additional episode was possible yet continued driving, an injured person may argue that the decision to drive was negligent.
Common Medical Emergencies Causing Crashes
Several medical disorders can cause a motorist to lose control suddenly.
Myocardial infarctions
During a heart attack, you may experience chest discomfort, dizziness, weakness, shortness of breath, or loss of consciousness.
If the event was not foreseeable, the driver can say it was. But if the driver experienced substantial symptoms before the accident and nevertheless drove, those facts may be relevant to responsibility.
Convulsions
Seizures may induce a complete loss of motor control or awareness.
Attorneys may investigate the driver to determine the following:
-
- Epilepsy had
- Seizures recently
- Was on medication
- Followed medical advice
- Been instructed not to drive
Diabetes Emergencies
Low blood sugar can cause confusion, impaired vision, weakness, loss of coordination, or even coma.
A driver’s awareness of symptoms and whether they chose to continue driving may be relevant to a negligence claim.
Stroke
A stroke can come on unexpectedly and impact vision, balance, judgment, strength, and awareness.
Some strokes come without warning, but others have distinctive signs beforehand.
Passing out
Dehydration, blood pressure or heart problems, medicines, or other health concerns might cause a motorist to faint.
If you have fainted a few times before, it is easier to predict when you are going to faint again.
When a Driver May Remain Liable?
But if they had good reason to think the medical emergency could happen, the driver can still be liable.
The driver has a record of past incidents
Evidence of recurrent blackouts, seizures, dizziness or fainting provides evidence that the motorist knew of the risk. A history of blackouts, seizures, dizziness or fainting shows the driver was aware of a risk. The motorist’s experience of repeated blackouts, seizures, dizziness or fainting shows his understanding of the risk.
A doctor had told the driver not to drive
Ignoring a medical limitation might be vital evidence in a personal injury claim.
Warning Signs Before the Fall
If a driver suffered chest pain, impaired vision, acute dizziness, weakness, or other warning signals and proceeded to drive, there may still be culpability.
Driver Failed to Properly Control Known Condition
In rare situations, failure to take the required medication or to follow the directions for treatment may be relevant.
Every case is unique and it is necessary to closely examine the medical history and conduct of the driver .
What Proof Is Required to Establish Liability?
Medical emergency collisions tend to require a lot of evidence.
Evidence that is key can be:
History of Present Complaint Medical
records may include:
Prior diagnosis.
-
- History of seizure
- Blackouts: Heart problems
- Treatment recommendations
- Driving restrictions
- History of medication
Witness testimony
It’s possible the driver was acting strangely beforehand, and that passengers and other drivers saw something.
Video Recording Evidence
Dashcam footage, traffic cameras, security cameras, and neighboring monitoring systems could help piece together the crash.
CAR DATA
Some cars record information about speed, braking, and acceleration just before a crash.
Records from cell phones
The phone evidence could show if distraction was a factor in the accident, rather than a medical emergency.
This evidence can help establish whether the facts support the driver’s explanation.
Can Others Be Held Responsible?
Occasionally there are multiple parties involved.
The employers
An employer may be involved in a commercial vehicle claim if the driver was working at the time of the accident.
An investigation may look at:
-
- Driver qualification files
- Medical Licenses
- Company safety rules
- Employment records
- Whether the employer knew about the medical limits of the driver.
Car Owners
In rare situations, the owner of the car may be liable if they intentionally enabled a risky driver to use the vehicle.
Other Drivers
Multi-vehicle accidents can sometimes entail blame on the part of more than one motorist.
For example, one driver might be distracted, or driving too fast, another might be having a medical episode.
Texas Comparative Fault Laws
Texas is a state of shared responsibility. Texas law allows for several parties to be held liable if their actions helped cause an accident.
Generally, if the injured party is at least fifty percent at fault, he or she is barred from recovery of damages. But they can reduce compensation based on their share of fault.
For example, if a person is judged to be 20 percent at fault in an accident, then any damages granted can be reduced by that percentage.
This makes evidence very crucial in complex medical emergency incidents.
Compensation Following an Accident
If a third party is at fault for the accident, the injured individual may be able to seek damages for losses related to the accident.
Possible damages include:
Medical costs
These may consist of:
-
- Emergency care
- Hospital treatment
- Operation
- Physical treatment
- Medication
- Rehabilitation
- Future care
Lost Wages
A person who can’t work due to injuries from an accident may be able to recover qualified lost earnings.
Loss of Earning Powers
Serious or permanent injuries can affect a person’s capacity to work in the future.
Pain & Suffering
You may also receive compensation for any physical pain the damage caused you.
Psychic Pain
Serious accidents can result in a lot of emotional distress.
Physical Disability
Permanent restrictions affecting daily living can also be considered.
Damage to Property
Claims could be for the costs of repairing or replacing a vehicle.
What Compensation Can an Accident Victim Recover?
If legal liability can be proven, the injured may be entitled to compensation for losses that flow from the accident.
Damages may include (depending on the circumstances): Medical expenses A serious accident can involve ambulance fees, emergency treatment, hospitalization, surgery, medications, rehabilitation, physical therapy, diagnostic testing and follow-up care.
Consideration may also have to be given to future medical care.
Lost Earnings
Someone could be out of work for days, weeks, or months because of an injury. The claim may be for lost income from injuries suffered in the accident.
Loss of earning capacity
Some injuries permanently impede a person’s capacity to work or make a living. If proven by the evidence, impaired future earning capacity may become an essential component of damages.
Pain & Suffering
Texas personal injury claims can also include non-economic damages such as physical pain, emotional suffering, and loss of enjoyment of life.
DAMAGE TO PROPERTY
A collision could damage or destroy a vehicle and personal goods.
Claims for property damage normally are handled separately from bodily-injury damages.
Damages for Wrongful Death
If a fatality occurs in a medical-emergency crash, surviving family members who are eligible may have a right under.
There are specific requirements as to who is able to bring a wrongful death claim and what damages can be recovered. Families should bear these rules in mind and seek legal help as soon as possible.
What to Do After an Accident
What you do after a crash can affect your health and your ability to document what happened.”
Call 911.
Report the accident and obtain medical help if needed. A driver with a true medical emergency may require treatment immediately, and in fact injured victims may have medical issues that are not immediately visible.
Get medical help.
Don’t think an injury is minimal just because symptoms appear tolerable at first. Some injuries become more apparent once the first adrenaline and shock of a crash wears off.
Document the scene.
If it is safe and physically practicable, pictures or video can assist in preserving evidence. Relevant information may include damage to the vehicles, the final position of the vehicles, skid marks, traffic signals, signs, roadway conditions, debris, and any visible injuries.
Request Witness Details
Independent witnesses can be especially useful where there is a dispute as to what occurred prior to the time the driver purportedly became impaired.
Beware when speaking with insurance companies
The insurance adjuster may request a recorded statement or ask questions that would help establish its account of the accident.
You typically don’t have to guess about the other driver’s medical state. Stick to information you know yourself.
Preserve the Evidence
Save images of the accident, medical records, repair estimates, receipts, wage records, communication with insurance companies, and any other pertinent papers.
Speak To A Personal Injury Lawyer In Texas
Medical-emergency cases might generate exceptional liability conflicts.
An attorney can look at the facts, talk to the insurers, assess the alleged medical emergency, and figure out who the prospective defendants might be and what legal remedies might be available.
How the Roxell Richards Injury Law Firm Can Help?
A car accident induced by a medical emergency can be far more problematic than a regular Texas crash.
The insurance firms will be quick to say that the crash was unavoidable. That doesn’t mean the probe should stop.
The Roxell Richards Injury Law Firm can investigate the facts surrounding the crash and establish whether the medical emergency was actually unforeseen.
An investigation may, depending on the case, include the following:
- Scanning police reports
- Interviewing witnesses
- Video evidence retention
- Going over old medical symptoms
- Reviewing appropriate medical and prescription records with adequate legal procedures
- Vehicle data analysis
- When commercial vehicles are involved, investigating employers
- Challenging unsubstantiated defenses to insurance
- Documenting the entire scope of your losses
It’s not just whether the driver suffered a medical emergency.
The question is whether the driver knew, or should have known, that to drive was an unreasonable danger.
Contact Roxell Richards Injury Law Firm today!
If you or a loved one was harmed in a Texas vehicle accident caused by a medical emergency, don’t think the other driver’s condition automatically stops you from pursuing compensation.
The driver’s medical history, previous symptoms, use of medications, doctor’s advice, warning signals, and activities leading up to the crash can all impact responsibility.
Contact Roxell Richards Injury Law Firm right now for a FREE consultation to talk about your Texas automobile accident lawsuit.
Our legal team can look into what happened, decide if the medical emergency might have been foreseen, pinpoint the people that may be liable, and pursue the compensation allowed under Texas law.
Don’t let an insurance company dismiss the crash as a “car accident caused by medical emergency” and slam the door on your claim. The Roxell Richards Injury Law Firm will review the evidence and fight for the compensation you deserve.
Roxell Richards Injury Law Firm
6420 Richmond Ave. Ste. #135
Houston, TX z7057
Phone: (713) 974-0388
Fax: (713) 974-0003
Frequently Asked Questions
1. Is a Driver Automatically Liable If a Medical Emergency Causes an Accident?
No. A driver is not automatically liable simply because a medical emergency caused a crash.
If the medical event was completely sudden and unforeseeable, the driver may argue that they could not reasonably have prevented the accident. However, a medical emergency does not automatically eliminate liability either.
If the driver knew about a dangerous medical condition, had experienced similar episodes before, ignored medical advice, or continued driving after warning symptoms appeared, the injured person may still have a valid negligence claim.
2. What If the Driver Already Knew About the Medical Condition?
Knowing about a medical condition does not automatically make someone negligent.
Many people safely drive while managing chronic health conditions. The key issue is whether the driver knew or reasonably should have known that the condition created a serious risk of becoming unable to operate a vehicle safely.
For example, a driver with a well-controlled condition and no history of losing consciousness may be in a very different situation from someone who recently experienced repeated seizures, blackouts, or fainting spells and continued driving.
3. Can Insurance Still Pay If the Driver Had a Medical Emergency?
Yes, potentially. A car accident caused by medical emergency can still result in an insurance claim if the evidence shows that the driver or another party was legally responsible.
The insurance company may argue that the medical event was unforeseeable and that the driver was not negligent. However, that position should be evaluated against the evidence.
Medical records, prior symptoms, medication history, witness statements, doctor recommendations, and other information may show that the driver had reason to know that driving was unsafe.
4. What Should I Do If the Other Driver Claims a Medical Emergency?
Do not automatically assume that you have no right to compensation.
After receiving necessary medical treatment, try to preserve as much evidence as possible. Take photographs of the accident scene, obtain witness information, keep medical records and bills, document missed work, and request a copy of the police report.
A driver’s statement that they “passed out” does not by itself prove that the incident was unavoidable.
An attorney may investigate whether the driver had previous symptoms, ignored medical restrictions, or experienced warning signs before the crash.
5. How Long Do I Have to File a Texas Car Accident Claim?
Texas generally has a two-year statute of limitations for many personal injury claims.
In many cases, this means an injured person has two years from the date the claim accrues to file a lawsuit. However, exceptions may apply depending on the circumstances.
It is also important not to wait until the deadline approaches. Evidence can disappear much sooner. Surveillance footage may be deleted, vehicles may be repaired, and witnesses may forget important details.
Because a car accident caused by medical emergency may depend heavily on proving what the driver knew before the collision, starting the investigation early can be especially important.