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Driver Looses Consciousness And Causes Car Accident

Posted by Guy DiMartino | Feb 25, 2016 | 0 Comments

Over the last month, there have been two car accidents where drivers have lost control of their vehicle because of an alleged medical condition. The most recent crash happened on CR 466a and Morse Blvd. According to news reports, a driver of an SUV lost consciousness and jumped a curb and ran into two folks on a golf cart. Two folks were killed and one injured in the accident.

This fact scenario brings up the question - if a person has a medical emergency and causes an accident - is he/she responsible for the injuries?

Florida Loss of Consciousness/Sudden Medical Emergency Doctrine

From the injured person's or family of a deceased's point of view, that person did nothing to cause the accident and they were injured or lost their life - shouldn't they be able to receive compensation?

From the driver's point of view, they couldn't control what happened and they should get a pass because they were not negligent.

The Law

Florida law addresses the issue and these types of cases turn on the legal issue of foreseeability. Florida courts have held that a driver is not negligent if he experiences a sudden attack and losses consciousness without a warning of his condition. The court's say that if the person did not or should not have known about the condition which caused the medical problem, he is not responsible for the injuries. Specifically, the Florida Supreme Court said:

there is no negligence when an accident is caused by a sudden unforeseeable loss of consciousness.

How Do You Prove This Type Of Claim?

When investigating this type of case, the driver's medical history and lifestyle becomes the focal point. It is important to look at the medical records and determine if there are underlying medical conditions that would have caused the medical condition.

For instance, a driver is diabetic and failed to control his/her diabetes and had prior occurrences of low blood sugar/hypoglycemia or blackouts, then a loss of consciousness would probably be considered foreseeable.

Because of these fact scenarios are medically intensive, it is important for a claimant to retain a lawyer who understands the medical issues involved. 

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

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