California is a fault insurance state, which means that drivers who cause accidents must pay for the damages of their victims. Dangerous and negligent driving behaviors, such as failure to yield and distracted driving, often contribute to these accidents.
There are some situations, however, where a driver may experience a medical emergency while behind the wheel and lose control of his or her vehicle. In these accidents, liability will depend on whether the medical emergency was foreseeable.
The California Car Accident Sudden Emergency Defense
California is one of many states that recognizes the sudden medical emergency defense in car accident cases. Also known as the doctrine of imminent peril, this rule relieves drivers who are responsible for car accidents if they suffered an unforeseen medical emergency at the time of the crash. This doctrine applies if the sudden emergency caused the accident, was outside of the driver’s control, and the driver could not have foreseen the emergency.
A driver who seeks to use the sudden emergency defense must prove the following facts.
- The driver experienced a sudden and unexpected emergency where he or she was in actual or apparent danger of an injury.
- The driver did not cause the emergency.
- The driver acted in a way that a reasonably careful driver would have under the same circumstances, even if a safer option became apparent at a later time.
For example, say that a driver suffers a heart attack while operating her vehicle and suddenly loses consciousness. The driver loses control of her vehicle and runs through a red light, colliding into you. Since the driver could not have anticipated the onset of the heart attack and did not have time to remove her vehicle from the road, she can establish the sudden emergency defense. As a result, this driver would not be liable for your injuries.
Exceptions to the Sudden Emergency Defense Rule
A driver cannot have any knowledge of the illness or medical condition prior to the actual emergency. If you can prove that the driver did know or should have reasonably known about the risk before the accident, he or she would have acted in negligence.
For example, say you are in an accident with a driver who loses consciousness at the wheel. She tries to establish the sudden emergency medical defense, but medical records show she lost consciousness due to the side effects of a new medication.
The medication warning label states that drowsiness is a common side effect and to avoid driving or operating heavy machinery during use. The driver should have known that she could not have safely driven while taking the medication and did so anyway, leading to the accident. In this situation, she would be liable for your damages.
If the driver has a history of medical issues that make it risky to drive, you could argue that a loss of consciousness was foreseeable. For example, if a diabetic driver loses consciousness due to low blood sugar, you could argue that it would be reasonably foreseeable that he or she would experience a medical emergency while driving.
Hiring an Attorney for Medical Emergency Accidents
Liability in car accident claims involving medical emergencies can be very complex. Although you may discover evidence that establishes a driver’s negligence, the insurance company may continue to deny your claim by invoking this defense.
Hiring a California car accident attorney to handle your claim can help you establish your right to damages. Your attorney will conduct a thorough investigation of the accident and explore all possible options to secure compensation on your behalf, leveraging strategies to determine whether or not the medical emergency was foreseeable. Contact your lawyer as soon as possible after your accident to discuss your legal options.