Can I sue a driver who became unconscious causing the accident?
If you are injured in a motor vehicle accident, in order to sue the other driver it is necessary to prove that the other driver was negligent. If the other driver suddenly lost consciousness, resulting in the accident, is that driver negligent?
As a general rule, a driver who suddenly loses consciousness or becomes incapacitated, thereby losing control of the vehicle, is not considered negligent. Sudden and unforeseeable loss of consciousness is a complete defense to the imposition of liability. The important distinction to note is the requirement that the unconsciousness be unexpected. If the driver had reason to believe, based on prior occurrences or significant health issues that there is a significant risk of the medical condition occurring, then the driver may be held liable for damages that result. Therefore, if someone has a history of seizures, significant heart disease, or other medical history, it can be argued that the loss of consciousness was not unexpected.
If you are injured due to the actions of another driver who suffered loss of consciousness or other medical condition, consult with the attorneys of Dell & Schaefer. We are able to obtain medical records and investigate driver’s backgrounds to potentially establish prior knowledge of the medical condition, allowing to obtain compensation for your injuries.