Anybody can experience a medical emergency at any time, even while driving. Statistics show that accidents stemming from a medical incident makes up 1.3% of all accidents. Even though this is a small percentage, the collisions these drivers are responsible for are usually extremely devastating.

If you're involved in an accident like this, you may be wondering if a driver who has a medical emergency during the course of an accident is liable if there are injuries. The answer is complex, which will we explain further as you continue reading.

The legal team at Brandon J. Broderick outlines what happens when a driver experiences a medical emergency while operating a motor vehicle in the following article, as well as the legal options open to accident victims.

First, it's important that we accurately assess your case. Consult with our NJ car accident lawyers for accurate information. Our team has the experience and expertise that will allow you to get a successful resolution.

Insurance Claims in New Jersey Follow No-Fault Rules

New Jersey is one of the few states that adheres to the no-fault insurance rules. This means that if a driver was injured in a car accident, they would submit a claim with their own insurance company in order to receive compensation.

There are situations when injuries are more severe and the costs are higher than what a driver's own policy limitations will cover. In these cases, injured drivers can submit a claim with the insurance company of the at-fault driver to reimburse their additional accident-related costs. However, injured drivers must prove fault in order to do so.

So, the question remains: How can negligence be established when a driver suddenly experienced a medical emergency before an accident?

How a Driver Who Suffers a Medical Emergency Be At Fault?

Drivers should be aware that experiencing a medical emergency does not excuse them from responsibility for an accident. A collision involving a motorist who experienced a medical event may be considered negligent or their responsibility if:

• Were aware of their medical condition and failed to take the required precautions to prevent an accident. This could be if a diabetic driver is aware that their blood sugar levels have been low but does nothing to address the situation, such as stopping to eat or drink something.
• After experiencing a medical emergency, not taking any precautions to avoid an accident. If a driver had recently visited a cardiologist for a heart attack and was told not to drive but disregarded the doctor's orders and drove anyway.

An experienced car accident lawyer can give you an overview of your options, including a claim against the driver who caused the accident in order to obtain compensation for their client.

What Are My Options If I Was Injured In An Accident Involving A Driver Who Had A Medical Event?

Although you might be able to sue the driver for your injuries, you must demonstrate that the driver was at fault for the collision for your claim to succeed. It could be difficult, particularly if the driver is able to prove that the medical event was sudden and out of their control.

If the defense is able to effectively prove their case, you may not be able to recover any losses. Because they would not have been at fault in this scenario, the court could rule that the at-fault driver is not responsible for damages.

Before filing a lawsuit, consulting a lawyer at Brandon J. Broderick, Attorney at Law is recommended. We will evaluate our case and decide whether you have a strong case.

Brandon J. Broderick, Attorney at Law Is Available To Help

If you find yourself injured following a devastating car accident, you're likely frustrated and stressed over the situation. Legal help can alleviate that stress and worry. The team at Brandon J. Broderick, Attorney at Law knows how to handle car accident cases of all types and can provide the support you deserve.

Call us today to schedule an appointment for a free case evaluation. We are here to help.