Being involved in a car accident can have negative consequences. Injuries are often a part of the equation, and automobiles will often need to be repaired. If your accident was the result of a medical condition, who is going to pay for the costs of recovery? Are you responsible for damages?
An Unknown Medical Condition
When someone has an unknown medical condition that causes an auto accident, it can be more difficult for the other party to sue the at-fault driver. He or she may still be able to get an insurance settlement, but anything beyond that might not be possible because the driver didn’t know about the condition.
For a judge to rule in favor of the individual with the medical condition, there are a couple of things that typically need to take place. First, there must be proof the individual wasn’t previously diagnosed with any type of condition that would limit his or her ability to drive a vehicle. For example, perhaps the medical episode was a result of carbon monoxide poisoning or some other random event, but the person has otherwise healthy medical records.
Second, there must be proof the individual wasn’t personally aware he or she was dealing with an undiagnosed medical condition. For example, the driver could collect witness statements from coworkers who spent the entire day with the driver. Those witnesses could prove the individual felt fine and was acting fine before getting behind the wheel.
A Known Medical Condition
If the driver knows he or she has a medical condition, it can get a little tricky, but the case doesn’t always go in favor of the victim. For example, if the driver has been previously diagnosed with diabetes and has always taken the proper medication and care required by the doctor, the driver may not personally be responsible for the episode. If the driver hadn’t been taking his or her medication properly, however, the judge might rule in favor of the victim.
A Misdiagnosed Medical Condition
In some cases, a driver who suffers a medical condition may not know about the condition because he or she had been previously misdiagnosed. In that case, there’s a chance the medical doctor would be at fault for the accident, and both parties involved might be able to seek compensation from that medical professional.
Getting Your Lawyer Involved
Medical conditions can sometimes be hard to deal with, but they don’t have to limit your ability to a normal life. If a medical condition caused your accident, contacting a car accident lawyer Elizabeth, NJ at a law firm like Wade Suthhard, P.C. could get you the help you need to get started.