Every day car accidents do happen. These accidents cause loss of millions of dollars for victim’s medical treatment and property damage.
The best thing is that Alaska is a fault state. Aggrieved parties get consolation by compensation from the at-fault driver's insurance company or use of subrogation claims.
One main concern is car accidents that happen due to sudden medical emergencies. An example is a blackout, which is a swift and short-term loss of consciousness.
If you were involved in a car accident because the at-fault driver suffered from a blackout or any other sudden medical emergency, you might have a claim.
Dealing With A Car Accident Caused By Blackout
If the at-fault driver had a blackout at the time of the accident, you may be compensated. But this will require you to prove the breach of the standard of care regardless of the medical emergency. You can choose to contact a car accident lawyer group for legal help.
You have to understand the medical guidelines for drivers prone to sudden medical emergencies. Knowing what laws to apply for compensation and any burden of proof will be vital for your case.
Alaska is one of the states that don’t recognize the sudden medical emergency defense. Meaning whether the at-fault driver caused the accident while on a medical emergency or not, you will still have the right to claim for property damage or injuries suffered.
How To Prove Negligence
The at-fault driver cannot use a sudden medical emergency as a defense to avoid paying for your injuries or property damage. There lot of ways you can prove that even if the driver suffered from a blackout, they owed you a duty of care.
You can prove that the at-fault driver:
- Was advised not to drive due to their medical conditions but when ahead and drove.
- Had similar episodes of blackout while driving: The issue of foreseeability will be used to determine liability
- They were aware that they had blackout symptoms but ignored because the drive would not take long or could be late for an appointment.
If the at-fault driver had previous occurrences, it will determine what a prudent person would have acted given such a situation. For instance, it would be reasonable for such a driver to pull over if they felt some symptoms that relate to blackout.
It’s also prudent to consider many causes of blackout, such as consumption of alcohol. In such a case, it may be easier to prove liability.
In the above cases, the driving will be considered negligence; and the at-fault driver has no way to avoid legal liability.
Look For Legal Help
Car accidents emanating from medical emergencies may be catastrophic. One reason is that the driver becomes unconscious and cannot take any action in the event of an accident. The accident is likely to cause significant injuries such as:
- Head injuries
- Traumatic brain injuries
- Chest injuries
Some of these injuries require millions of dollars to recovery. If injured, you should make it a priority to seek medical attention. Remember that you may also have to miss work for an indefinite period of time.
After the accident, your lawyer will immediately notify your insurance and also the at-fault driver insurance.
Sudden medical emergency cases are not straightforward. Often, it’s assumed that the blacked-out driver is not to be blamed because they experience something not under their control. This is used as a defense by the defendant.
Thankfully, Alaska doesn’t recognize the defense that someone who suffered from a medical emergency is considered not liable for the accident caused. You will need a well-experienced car accident lawyer in such a situation as liability will not be easy.
A lawyer can help you put the other driver on the financial hook to help you recover from your injuries and any damage to properties such as your vehicle, laptop damaged during the accident.
All in all, the issue of the sudden medical emergency has to be established. For instance, the court will seek to understand whether such a driver had previous black-out occurrences. And whether such a driver had a way to mitigate the situation.
If the at-fault driver ignored the symptoms of a blackout, their situation is not considered an emergency; the driver will be liable for losses related to the accident.
If you have been injured after a driver lost consciousness due to a blackout, a lawyer can help you understand how to prove fault. Where fault is determined, you will get compensation from the at-fault driver insurance company. Or, you may choose to file a claim with your own insurance company.
Your lawyer will help you come up with a perfect strategy to ensure your legal rights are protected.
For more information on sudden medical emergency accident cases and liability, you may speak to an experienced personal injury lawyer.