It’s a well-known fact that most accidents are caused by someone’s fault or negligence. When we think of such “accidents” what comes to mind are issues like impaired driving, driver inattention, cell-phone use, speeding, running a red light or other such flouting of safety norms. We can also consider issues like tire blow-outs, brake failure or accidents caused by defective motor-vehicle parts.

However, there is a difference when the accident was caused by a sudden medical emergency experienced by the at-fault driver.

Epilepsy, cardio-vascular emergency, cerebral hemorrhage, aneurysm, black-outs, mental illness etc are some of the typical reasons why a driver may lose control of the vehicle and cause an accident.

Unfortunately, whatever the cause of the accident, seriously injured victims and their families undergo tremendous physical, financial and emotional repercussions. Loss of income due to inability to work, high medical expenses and the pain and suffering that the injured person experiences are the direct result of injuries sustained in the accident.

If you or a dear one has been injured in a motor-vehicle accident contact an experienced Etobicoke personal injury lawyer without delay. You may be entitled to compensation.

Does “Sudden Medical Emergency” Absolve Drivers?

If the accident was caused by the driver’s suddenly losing control of the vehicle due to a medical emergency, it may be sufficient grounds to absolve the driver of having caused the accident due to negligence.

Although no one can really blame a driver for having suffered a sudden loss of consciousness while driving, this poses a grave threat to public safety. Different types of medical conditions can affect the person’s ability to safely operate a vehicle to a greater or lesser degree:

• Lowered reaction time
• Loss of motor function
• Loss of vision
• Lowered judgment and concentration

The “inevitable accident” line of defence is used to present a case that the accident was unavoidable, negligence had no part to play in it and that the driver had no control over the sequence of events.

However, in such cases, the burden of proof lies with the person who claims that the accident was caused by a sudden medical emergency. This includes proof that:

• he/she suddenly lost consciousness just immediately before the accident
• this resulted in loss of control of the vehicle
• such sudden loss of consciousness was completely unforeseen

If the at-fault driver can prove these elements satisfactorily, they may be absolved of negligence and liability. However, it’s not very easy to do so.

“Suddenness” is a key factor in the claim. If symptoms were present and ignored, it cannot be considered a “sudden” medical emergency.

In drivers who have existing medical conditions like cardio-vascular disease, epilepsy, diabetes etc, there is an element of “foreseeability” in the case.

Getting Compensation

Ontario laws entitle all injured motor-vehicle accident victims to statutory benefits, regardless of fault. This is payable by your own insurance company, up to a certain financial threshold.

Victims can also file a personal injury suit disputing the claim of “sudden medical emergency” if the circumstances so indicate.

Etobicoke personal injury lawyers can provide the right advice and assistance in such cases to help you get the maximum possible compensation.