There are several situations where a car accident in Washington could be caused by a factor that is outside of the drivers control. This includes a car accident due to a medical condition, which isn’t always something that could have been prevented. In these types of situations, it could be challenging to pinpoint who was at fault as you have to prove negligence, and there are certain laws in place when it comes to car accidents due to medical conditions.
At NBF Accident Law, our auto accident attorneys in Washington can help you navigate the complexities surrounding a car accident caused by a medical emergency. Our attorneys will work tirelessly to achieve the best possible results and get you the compensation you need to make a full recovery.
Medical Conditions That Can Lead to a Car Accident
Car accidents caused by medical conditions aren’t always as straightforward as you may think. For one thing, you will need to determine if the accident was due to a present medical condition or if it was a sudden medical emergency that did not stem from a known health condition. For instance, a seemingly healthy person may have a heart attack when they are on the road, resulting in them losing control of their vehicle.
There are also reasonably foreseeable medical emergencies, which can result in the driver who caused the accident being found at fault. This applies to drivers who have been medically advised not to drive due to present medical conditions that they are aware of. An example of this is a driver who has epilepsy and could potentially have a seizure any time they get behind the wheel.
A reasonably foreseeable medical emergency is considered to have been preventable since the driver was aware of the risks. This would put them in breach of their duty of care as a driver in Washington.
Here are some relatively common medical conditions that can lead to an emergency when you are behind the wheel, resulting in a car accident:
- Seizures
- Heart attacks
- Brain aneurysms
- Narcotic episodes
- Sudden loss of consciousness
- Medication-induced impairment
- Strokes
Determining the medical emergency that led to the car accident will be important when it comes to deciding who was at fault and if anyone was negligent. If you are the victim of a car accident caused by a medical condition, you need to hire a car accident attorney in Washington. An attorney can help you build a strong case that can help you get the compensation you need to recover.
How Negligence is Decided in Washington Car Accidents
Negligence can be very tricky in a car accident due to a medical condition since it has to be determined that the accident was preventable. Washington has a fault-based insurance system, so proving that the other driver was at fault for the accident is crucial when it comes to getting a settlement. If you can’t prove that the other driver was negligent, you may not be able to get the compensation you need to cover things like medical bills or vehicle repairs.
Here are the elements that will be taken into consideration when establishing negligence:
- A negligent act or omission that directly caused your injuries.
- The driver owed you a duty of care to operate their vehicle safely and follow Washington traffic laws.
- The driver breached the duty of care through a negligent act or omission.
- You have suffered damages from injuries for which you can collect compensation.
The vast majority of medical emergencies will usually result in the other driver not being found at fault if it was not preventable. However, there are situations where the emergency could have been prevented as it was in the driver’s control.
For instance, if the driver was driving while impaired due to a medication or medical procedure, they could be found negligent. On the other hand, if the driver has a medical condition and does everything to keep it under control but has a seizure behind the wheel, they may not be found negligent since they couldn’t have prevented the accident.
Establishing a Sudden Medical Emergency Defense
In Washington, drivers who have had a medical emergency while driving can use a medical emergency defense to prove that they weren’t at fault. Washington law recognizes sudden mental incapacity in certain instances, which saves drivers from being held accountable for medical conditions outside of their control.
Sudden mental incapacity occurs when the driver experiences a sudden ability to safely operate their vehicle. This does not include instances where drivers may encounter medical symptoms and do not take the necessary safety precautions, such as pulling over.
The following requirements must be met to establish sudden mental incapacity for a sudden medical emergency defense:
- The driver could not have known that they were going to lose consciousness or control of their actions.
- The medical emergency caused the driver to lose all of their ability to meet the normal standard of care as a driver.
Because of these requirements, the driver who had the medical emergency and caused the accident needs to provide proof that they lost consciousness, that this caused the crash, and that the medical emergency was unpredictable. The sudden medical emergency defense also will not apply to drivers who have existing medical conditions that prohibit them from driving.
Contact an Auto Accident Attorney at NBF Accident Law
Were you involved in a car accident due to a medical condition in Washington? These types of accidents can be a bit more complex since it can be difficult to prove who was at fault, especially if it is determined to have been a medical emergency that caused the accident.
At NBF Accident Law, our car accident lawyers will fight purposefully for victims of car accidents, helping you determine who is at fault, if there was negligence involved, and how you can get the compensation you deserve. We will help you file a claim, gather evidence, and negotiate with any involved parties.
