In many car accident cases, a driver’s negligence is clear. The driver sped, talked on his smartphone while driving, or ran through a red light. But what happens when the driver has a heart attack or a medical emergency that causes him/her to black out and lose control of their vehicle. Is it fair to hold drivers who have heart failure or other medical emergencies liable if events beyond their control cause the car crash?

The sudden medical emergency defense

Tennessee, like many states, will normally permit a defendant to assert he/she lost control of the vehicle due to a sudden emergency, such as a stroke or a deer running into the traffic lanes. There are factors, however, that the judge and jury are required to consider before permitting the” “sudden medical emergency” defense.

The driver who is asserting that a sudden emergency such as a heart attack was the cause of the accident has the burden of proof of convincing the judge or jury that the emergency did indeed occur. The driver must normally show that:

• The heart attack, stroke, or other emergency occurred before the accident and not as a result of the accident. Normally, the emergency must cause the driver to black out or be physically or mentally unable to control their car.
• The medical emergency was not foreseeable. If a driver knows he/she has heart disease and doesn’t take their required medicine, then the emergency defense may not apply. If a driver feels chest pain or angina, the driver should get off the road instead of continuing to drive. Similarly, a diabetic driver shouldn’t be able to assert the sudden emergency defense if the driver didn’t eat all day.
• The emergency caused the accident – as opposed to other factors such as exceeding the speed limit.

If you were speeding or otherwise partly at fault for an accident where the other driver had a heart attack, the jury can apportion the fault under the doctrine of comparative negligence. They may find that you were 20% at fault and the other driver was 80% at fault.

How can I be compensated if the driver who caused the accident had a sudden medical emergency?

If the driver who caused your injury is found not at fault due to a heart attack or other sudden medical emergency, then his/her insurance company is not required to pay for your damage. You then must seek compensation from your own insurance policies. Your health insurance policy should pay your medical bills, subject to any deductibles or copays. If you have collision insurance, that policy will pay for any car damage. Our attorneys can review your insurance policy and ensure you secure the compensation you deserve.

At Banks & Jones, our experienced car accident lawyers anticipate the defenses that drivers make to try to deny responsibility or shift blame for the accident. Our legal team works aggressively to show drivers are negligent and should pay your damage. To speak with a premier car accident lawyer who fights for injury victims in and near Knoxville, complete our contact form or call us at 865-546-2141 to schedule a free consultation.