There are rare exceptions where it is
understandable that a driver was driving over the speed limit. The only reason
why this would be acceptable is if it was a sudden medical emergency.
Therefore, auto accident legislation in a majority of the states excuses cases
where a car accident occurred due to a sudden medical emergency.
This is called the sudden medical
emergency defense say Austin, TX accident lawyers. To incorporate this defense,
you need to prove that you were indeed in a situation that would qualify as a
sudden medical emergency.
What
is the sudden medical emergency defense?
The sudden medical emergency defense is
basically a type of defense strategy in a personal injury or wrongful death
lawsuit resulting from a car accident where the suspect can argue that he or
she was driving over the speed limit because they or a passenger was in need of
immediate medical attention. In addition, the emergency needs to have been
unforeseen and sudden.
You saw this in 24 Day 8 with Jack Bauer
(Kiefer Sutherland) when Renee Walker (Annie Wersching) when Renee was shot by
a Russian assassin in NYC. Now Bauer did not drive the taxi to the hospital but
the taxi was certainly in a rush for apparent and moral reasons since a life
was hanging in the balance. Renee did not make it which caused Bauer to go on a
revenge spree which led to all sorts of other events.
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If the suspect is successful in
establishing this, then the judge/jury by law can waive the charges against him
or her as an exception, in the opinion of Texas accident attorneys. The car accident
should have been caused by something that was beyond control and could not have
reasonably been predicted. The taxi driver did not expect someone to be loading
a dying person into their car that day.
Burden
of Proof in a Medical Emergency Defense
If you claim that a medical emergency is
what led to the car accident then you need to be able to back it up and prove
it with evidence. An acceptable emergency includes: the suspect became
unconscious and therefore lost control of the car which in turn led to the
accident and the loss of consciousness was an unforeseeable medical emergency.
The important aspect that needs to be
proved in order to successfully establish a sudden medical emergency defense is
that the medical emergency was of an unforeseeable nature. If a driver gets
behind the wheel knowing that he or she currently suffers from a medical
condition that can affect their ability to drive then it is not acceptable and
the sudden medical emergency defense cannot be used, reiterate Austin, TX
accident lawyers.
Who
is liable for damages in a car accident caused by a medical emergency?
If the defendant in an auto accident
case is able to use the sudden medical emergency defense successfully then the
plaintiff is pretty much left with no sources to compensate for the damages
incurred.
In some states, there is a provision
where plaintiffs can file an auto
accident insurance claim with their own auto insurers. This is known
as the no fault car insurance system. However, Texas is a fault insurance state
where the at-fault driver is liable to pay for the accidents they cause.
If you or someone you know is a victim
of an auto accident caused by a driver that suffered a sudden
medical emergency then the best course of action would be to consult a Texas
accident attorney as soon as possible.
Medical emergencies could happen at any
time. This facet is unpredictable. If you are involved with a medical emergency
accident, press right here Accident.USAttorneys.com.
You need legal help and you need it now!
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