Getting into a car accident is always a stressful and confusing experience. But what happens if the driver who caused the crash was having a medical emergency at the time? This unique situation can leave victims wondering about their rights and who is responsible for covering medical bills and other damages.
If you’ve found yourself in this unfortunate scenario, it’s essential to understand the legal implications and protections Arizona laws offer. Here’s what you need to know about accidents involving a driver experiencing a medical emergency.
What Is a Medical Emergency in Legal Terms?
A medical emergency is generally defined as an unexpected health issue that prevents a driver from safely operating a vehicle. Common examples include heart attacks, strokes, seizures, diabetic emergencies, or other sudden medical events.
When a driver claims they were having a medical emergency during the accident, they may invoke the “sudden medical emergency defense.” This legal defense argues that the driver cannot be held liable for damages because the medical emergency was unforeseeable and beyond their control.
Arizona's Take on the Sudden Medical Emergency Defense
Arizona recognizes the sudden medical emergency defense as a valid legal argument in determining liability for accidents. However, the driver must prove specific conditions to avoid being held accountable. These include:
Proving the Emergency Was Sudden:
The medical event must have occurred without warning, leaving the driver no time to prevent the accident. For instance, if a driver has a documented history of seizures but did not take prescribed precautions, this defense may not hold up in court.
Demonstrating Lack of Negligence:
The driver must show that they did not act negligently leading up to the incident. For example, they could still be found at fault if they ignored their doctor's advice not to drive due to a known condition.
Presenting Medical Evidence:
The driver must provide evidence, such as medical records or expert testimony, proving that the emergency was genuine and unforeseeable.
This defense can complicate the claims process, which is why it is crucial to have a skilled attorney on your side.
Who Pays for Damages in These Cases?
Determining who is responsible for damages in accidents involving a medical emergency depends on whether the driver successfully proves their sudden medical emergency defense. Here’s how liability may play out:
1. If the Medical Emergency Defense Is Accepted
If the driver is absolved of liability through this defense, then their insurance may not be required to cover your damages. This could leave you relying on your own insurance, such as:
- Uninsured Motorist Coverage (UM): If you have UM coverage in Arizona, it can help pay for medical bills, lost wages, and other damages if the at-fault driver’s defense is successful.
- Health Insurance: Your health insurer may cover immediate medical costs, but you might still face significant out-of-pocket expenses.
2. If the Driver Is Found Partially or Fully Liable
If the defense is not accepted due to negligence (or any other factor), the driver’s liability insurance can be used to cover your damages. Arizona requires minimum car insurance coverage of:
- $25,000 for one person’s injuries
- $50,000 for total injuries in an accident
- $15,000 for property damage
Note that if your damages exceed these limits, you might need to explore additional legal options to recover the full compensation you’re entitled to.
3. Third-Party Liability
There may also be situations where a third party is partially responsible for the accident. For example:
- Employers: If the driver was on the clock during the accident, their employer may share liability.
- Medical Providers: If a healthcare provider failed to properly treat or warn the driver about a condition that led to the accident, they could bear some responsibility.
A personal injury attorney can investigate these factors to ensure all potential sources of compensation are considered.
Steps You Should Take If Injured in This Type of Accident
After any car accident, your actions in the immediate aftermath are important. If the at-fault driver claims they were having a medical emergency, the following steps can help protect your rights and build a strong case:
1. Seek Medical Attention Immediately
Even if your injuries seem minor, seeing a doctor as soon as possible is critical. Timely medical care protects your health and creates documentation that will be essential for your claim.
2. Document the Scene
Use your phone to take pictures of the accident scene, vehicle damage, traffic signals, and anything else that could help clarify what happened. Collect witness contact information and take notes about any statements the driver made about their condition.
3. Obtain the Police Report
Call the police to report the accident, even if the other driver insists it’s unnecessary. The official police report will be vital evidence, especially if the driver invokes the medical emergency defense.
4. Notify Your Insurance Company
Contact your insurance provider to report the accident, but be cautious about discussing details without consulting an attorney first. Keep your statements simple and factual.
5. Consult a Personal Injury Attorney
Cases involving medical emergencies can be legally complex. Working with an experienced attorney ensures your rights are protected and helps you pursue all available avenues for compensation.
Challenges in These Cases
Dealing with an accident involving a medical emergency can present unique challenges:
- Disputed Liability: Insurance companies may be quick to deny liability if the at-fault driver raises the medical emergency defense.
- Insufficient Insurance Coverage: Many drivers carry only the minimum insurance required by Arizona law, which may not fully cover your damages.
- Prolonged Legal Process: Medical emergency cases often take longer to resolve due to the need for medical evidence, expert testimony, and thorough investigations.
How an Attorney Can Help
Handling a case involving a driver with a medical emergency on your own can feel overwhelming. Here’s how a personal injury attorney can make the process more manageable:
- Investigating the Case: Your attorney will collect evidence, review medical records, and consult with experts to build a strong case on your behalf.
- Communicating With Insurers: An attorney knows how to deal with insurance companies, ensuring they don’t unfairly deny or undervalue your claim.
- Identifying Liability: From assessing third-party faults to disputing the driver’s defense, your attorney will explore every avenue to maximize your compensation.
- Navigating Legal Complexities: Whether negotiating a settlement or representing you in court, a qualified attorney ensures the legal process runs smoothly.
Arizona Car Accident Lawyers
An understanding of all these complex layers is vital to ensuring informed decisions when tackling medical emergency-related accidents. At Rafi Law Group, we are committed to guiding Phoenix residents with expertise in personal injury law, providing robust representation should the unfortunate occur. We invite you to reach out today at (623) 207-1555 and secure peace of mind with our dedicated service.