Medical emergency crashes occur when a driver suffers a medical incident that causes them to lose control of their vehicle, resulting in an accident. At times, drivers cannot anticipate they will suffer a medical emergency while operating their vehicles. On the other hand, a driver may have received several warnings from a physician that it was unsafe for them to safely operate a vehicle. When drivers can anticipate a medical incident on the road, they may be liable for injuries to other drivers, passengers, or pedestrians.
For example, a medical emergency crash in Garfield, New Jersey injured multiple people, including a pedestrian. An 88-year-old driver was approaching an intersection when she suffered a medical episode. As a result, she pressed her foot on the accelerator and lost control of her car. The vehicle then veered onto the sidewalk and nearly struck a pedestrian. It continued to speed through the intersection before crashing into two vehicles waiting at the traffic light. The woman suffered minor leg injuries in addition to her medical emergency. The pedestrian suffered an injury to his foot.
Can You Recover Damages for a New Jersey Crash Caused by a Medical Emergency?
After a medical emergency crash, you may be able to recover damages against the responsible driver. However, the driver will likely argue they were not negligent because the medical emergency was unexpected and out of their control. In this case, the burden shifts to the defendant to show they could not have expected to suffer a medical emergency. For example, a person who suffered a stroke while driving may submit medical records to prove they had no prior history of strokes. On the other hand, drivers may be liable for a plaintiff’s injuries if they could have anticipated the medical emergency while they were driving. For example, a driver may have a documented medical history of suffering from frequent fainting spells. In addition, a doctor may have advised that driver to refrain from operating a motor vehicle. Alternatively, a driver may have ignored their doctor’s advice to take medication that would prevent fainting spells. In these situations, a defendant would have a tougher time arguing they could not foresee their medical emergency while driving.
What Is the Deadline to Bring a Lawsuit After a New Jersey Medical Emergency Crash?
New Jersey imposes a two-year statute of limitations on personal injury lawsuits, which starts on the date of the accident. The statute of limitations refers to the deadline to bring a case in a given state’s courts. If New Jersey plaintiffs do not file their case within the statute of limitations, they may not be able to sue defendant for damages. An experienced New Jersey personal injury attorney can help you promptly file a claim for damages to make sure you do not miss the statute of limitations.
Have You Been Injured in a New Jersey Medical Emergency Crash?
Medical emergency crashes involved complex questions of fact and law. Defendants may attempt to avoid liability by claiming their medical emergency was unforeseeable. If you or someone close to you has suffered injuries in a New Jersey medical emergency crash, contact the New Jersey personal injury firm of Bathweg, Wegener & Wolf, P.C. The attorneys at our firm have years of experience representing clients in New Jersey personal injury disputes. Using our skills and experience, we will develop the strongest possible argument to recover damages on your behalf. For a free, no-obligation consultation, contact our office at (732) 363-0666. We will not bill you for our services unless we recover monetary damages on your behalf.