The attorney appointed by the defense might present manipulating arguments if their client refuses to accept responsibility for a Nevada car accident. But did you know that there is a legitimate legal defense if the driver has suffered a sudden medical emergency?
You can skilled legal representation in Nevada from a firm that has helped many people prove that the other driver was negligent and caused the crash, even if the other driver claimed that a medical emergency prevented him from driving. If you hire our firm to handle your case, you will not be charged an upfront fee.
It was reported to the Nevada Department of Transportation that in 2010, 51,664 accidents occurred, of which 32,754 were property damage incidents, including 18,675 personal injury accidents. According to the state’s record, there were 235 motor vehicle deaths in that year, and the number of reported deaths last year was higher than ten years before.
How Do Sudden Medical Emergencies Impact a Car Accident Case?
The doctrine of sudden emergency is part of the common law, which also governs the defense of sudden medical emergencies. If the actions of the driver at fault cause injury or death to another person, there may be circumstances where the driver can escape financial responsibility.
The defense can only be used if a person had very limited time to process the situation and the given circumstances presented an unforeseen emergency.
When the driver is experiencing an unexpected medical condition, they are no longer able to act normally and avoid an accident. Examples may include:
- Having a heart attack
- Causing a stroke
- Having a seizure
- Losing consciousness
- A ruptured cerebral aneurysm
The courts generally accept this type of defense in cases where the culprit has shown that the emergency was truly unforeseeable. Nevertheless, every state has its distinct laws depending upon the nature of the circumstances.
Who Bears the Burden of Proof?
It is the duty of the driver who invokes this defense to prove that their condition deteriorated abruptly in the case where they plan to escape liability. There is an exception to this rule since the injured victim is usually the one to prove that the other driver caused their injuries through their negligence.
Who Can Be Financially Responsible in a Nevada Car Accident?
The driver at fault can be held liable for your damages unless they can prove that the accident resulted from a medical emergency that caused them to lose consciousness. As a result, any expenses incurred by you to treat your injury are to be reimbursed by the liability insurance of the person responsible.
You can still pursue legal proceedings against other parties responsible for your damages if the driver can prove that a legitimate medical emergency caused the Nevada car accident.
Depending on whether the driver at fault has received medical clearance for driving from their attending physician, it may be possible for you to obtain compensation for your injuries from that physician, as they might be held liable for letting an ineligible person drive a vehicle.
Your damage may have been caused by a third driver’s negligence. You may be able to file a claim for damages against their insurance.
What Are My Options If My Claim Is Denied?
An insurer who denies your claim is likely to rely heavily on the spontaneous medical emergency defense invoked by the insured driver, so you would be wise to consider legal action to obtain the compensation you need. The burden of proof lies with the person who alleges that they suffered a medical emergency, meaning that they must not only gather substantial evidence to suggest a medical emergency but must also compellingly prove their case.
In cases where you are unsure of whether you can prove the driver’s defense is invalid, you may be able to file a claim through Personal Injury Protection (PIP) or Medical Payments (Med Pay), depending on which coverage you have.
Call an Experienced Lawyer Today:
When a Nevada car accident is caused by a driver who claims to have suffered a sudden medical emergency, the process of recovering compensation can be very complex. Therefore, it is imperative that you speak with one of our experienced attorneys. This is because they can assist you in developing a strong case in order to obtain the settlement you deserve.
The lawyers employed by our firm are extremely competent and will get you the fair compensation that you deserve. We offer a free consultation for better insight regarding your case.