The medical emergency defense can make a driver immune from liability in a car accident. However, this defense only works under certain circumstances. When the medical emergency defense fails, there are other ways you can defend your accident claim. Talk to a Kansas City car accident lawyer to navigate through what legal options you may have.
What is the Medical Emergency Defense?
The medical emergency defense can be used to remove liability from a driver in a car accident with another driver. A driver who experiences an unexpected medical emergency might be able to use the medical emergency defense. Common examples of medical emergencies that fit this description are:
- Strokes
- Heart attacks
- Seizures
- Coma
- Fainting
Many people wonder if mental episodes like panic attacks or hallucinations count as an unexpected medical emergency. This may depend on the context of the situation. The medical emergency must fit three criteria to be considered as a defense:
- The driver lost control because of the medical emergency
- Control was lost leading up to the accident
- This loss of control caused the accident
Medical emergency defenses do not tend to work when the driver knew about or anticipated the medical emergency. In other words, drivers who know they have a disorder that causes seizures may not be able to use the medical emergency defense. This is especially true if they were prescribed seizure medications and were not taking them.
If the doctor told the driver not to drive, then the medical emergency defense cannot be used. The same applies to medications that were taken while driving that instructed the driver to not drive while on the medication. A decision like that could lead to driving under the influence charges.
How to Defend Your Car Accident Claim
One of the best ways to defend your car accident claim is to collect as much evidence as possible. Follow basic car accident steps to make sure you avoid mistakes and collect information essential for your claim. First, never admit fault and do not apologize. This could hurt your claim.
Take pictures of your injuries and vehicle damages. Obtain a copy of the police report and your medical records. Keep copies of your paystubs if you missed work to cover lost wages. Do not leave the accident scene without the other driver’s basic contact and auto insurance information.
Write down what led up to the accident. Consider asking witnesses for basic contact information and statements about what they saw. Work with your claims adjuster to see what other evidence you can submit.
Consider contacting a Kansas City car accident lawyer to see what other steps need to be taken. Your lawyer will be able to explore options when your car accident claim is denied.
Kansas City Car Accident Attorney
Do not give up if the medical emergency defense fails to defend your car accident claim. Try contacting Peterson and Associates P.C. by dialing (816) 298-8708 to speak with a Missouri auto accident lawyer for a free consultation today. Our Kansas City legal team can help you obtain compensation for your lost wages, pain and suffering, and medical expenses.
