Car accidents in Nevada are sometimes caused by unexpected medical events, such as heart attacks. Typically, when a person’s actions or negligence causes a car accident, that person is legally responsible for the damages that result. However, when a medical emergency or condition causes a crash, determining liability can become more complicated. That’s when you need to hire an experienced Las Vegas car accident lawyer who can represent you.
Medical conditions cause car accidents in Nevada every day. When they occur, the driver may not be responsible for the car accident in a legal sense. Ultimately, it will depend on whether the medical condition was foreseeable. In most cases, a sudden and unexpected medical emergency can excuse the person’s legal liability through the sudden medical emergency doctrine.
The sudden medical emergency defense is a doctrine that indicates that a defendant is not negligent or liable for injuries due to a car accident that resulted from a sudden and unexpected emergency. Because the driver may have been physically or mentally immobilized and therefore unable to prevent the accident, they are not considered to be legally liable.
The sudden medical emergency defense is a portion of the sudden emergency doctrine, which is a defense to tort liability. The sudden emergency makes the person’s behavior legally excusable. These types of situations can be difficult to prove and require that the medical event to be unpredictable and unexpected. When the defendant and their attorney attempt to use the sudden medical emergency defense to avoid liability for your accident, an experienced Las Vegas personal injury lawyer will be needed to negotiate your case.
Negligence is the basis for determining who was at fault in a car accident. When a person fails to exercise sufficient care or good judgment, they are deemed at fault for the accident and legally liable for damages. More than one driver can be partially at fault in some circumstances.
But when a medical event leads to the accident, the person may not have been actually negligent. They had no idea an incapacitating medical event was going to occur and did not have time to react before the accident took place. In those cases, they may not be responsible for paying for the damages of the victims of the accident.
In order for the sudden emergency medical defense to apply to a case, the following conditions must be met:
When a driver has a known medical condition, they must be cautious to drive only when they are safely able to do so. This means that if a person knew they had a risk that a medical event might occur, they are legally liable for their actions and responsible for damages. The sudden emergency defense only applies when the medical event was truly unexpected.
Although some car accidents are the result of unexpected medical event, other accidents are caused by a person who was negligently driving while they had knowledge of a serious medical condition that impacted their ability to drive safely. If you believe that the accident was not a result of the other driver’s medical condition, get in touch with a Las Vegas auto accident injury attorney today. Our attorneys will collect evidence will collect evidence on your behalf, negotiate with insurance companies, and represent you in court if necessary to help you obtain the financial compensation you deserve for your injuries and damages.
Have you been involved in a car accident that was caused by an unexpected medical event? Our firm can help. The attorneys at Benson & Bingham Accident Injury Lawyers, LLC specialize in representing victims of car and truck accidents. If you are defending against another victim’s claim or are seeking compensation for your own damages, our team of experienced attorneys is ready to provide aggressive, effective, and ethical representation on your behalf. Contact us today to schedule your obligation-free, no-cost consultation where we can review the facts of your case and discuss your legal options.
Benson & Bingham Accident Injury Lawyers
Summerlin Location
11441 Allerton Park Dr #100
Las Vegas, NV 89135
Phone: 702-684-6900
Fax: 702-382-9798
Downtown Location
626 S 10th St
Las Vegas, NV 89101
Phone: 702-382-9797
Fax: 702-382-9798
Henderson Location
9230 S Eastern Ave #155
Las Vegas, NV 89123
Phone: 702-463-2900
Fax: 702-382-9798
Reno Location
1320 E Plumb Lane Ste A
Reno, NV 89502
Phone: 775-600-6000
Fax: 702-382-9798
Joseph L. Benson II, and Ben J. Bingham, Personal Injury Attorneys
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