When you think of the causes of car accidents, distracted driving is probably top of the list. However, many car accidents each year are caused by pre-existing medical conditions.
These conditions could include:
- Eyesight problems
- Heart disease
When medical conditions, especially a heart attack, cause a car accident, determining liability is anything but easy.
Unlike other causes of car accidents, there is not a standard way to determine fault when a heart attack is the cause.
Each case’s liability is determined differently, and decisions can be made based on several factors.
When a car accident is caused by a pre-existing medical condition
When a car accident is caused by a heart attack, a judge will take a look at the individual’s history with heart disease and interview medical professionals.
The judge will also take into account whether the driver knew about their heart conditions and whether measures were taken to help.
Failing to take care of a heart condition could qualify as negligence after an accident.
Additionally, to avoid negligence, a driver’s heart attack must cause him or her to lose consciousness without warning. Otherwise, the driver may have had the time to pull over and take other cautions which, failing to do so, could also be considered negligence.
How much is a heart attack to blame for a car accident?
In addition to talking with medical professionals, the judge will also consider how much of the accident was caused by the heart attack.
For example, the driver in the other car could have been texting, which could have contributed to the severity of the crash. This could influence the judge’s ruling on negligence.
Proving fault after any car accident can be tricky, and there are so many factors can go into a negligence ruling.
If you or someone you know has been involved in a car accident, no matter the cause or circumstances, put your trust in the team at Lorenzo & Lorenzo. We’ll help you navigate the legal process and move toward compensation.
Contact us today for a free consultation.