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Florida driver not responsible for car accident because she had a seizure

Posted by Guy DiMartino | Feb 19, 2014 | 0 Comments

Leesburg Florida car accident lawyer explains a recent case where a driver is not responsible for a car accident that she caused because she had a seizure.

Can you imagine this.  You're sitting at a red light, you look in rear view mirror and see a van approaching that just doesn't look like its going to stop.  You brace yourself and “boom” the crash happens.  You get out of your vehicle and see the driver having a seizure.  You run the back of your car, pull a blanket out of the trunk, and reposition the driver so she doesn't swallow her tongue.

You're injured as a result of the crash, and you file a claim with the other driver's insurance company.  The insurance company refuses to pay.  The insurance companies argues that they are not responsible because their driver was not negligent. This is the sudden loss of consciousness defense.

The case went to trial and the defendant driver testified that this was her first seizure. She called a neurologist to testify on her behalf that she had a cryptogenic seizure, which has no known cause. The jury found for the injured person and the defendant appealed.  On appeal, the Second DCA took away the jury verdict and found for the defendant on the sudden loss of consciousness defense.

Sudden Loss of Consciousness Defense

In essence, the sudden loss of consciousness defense or sudden medical emergency defense says that the defendant is not negligent because he/she could not foresee that the defense was going to happen. The key to being successful in these types of cases is showing that the medical emergency was indeed – foreseeable.

In order the win with this type of defense, the driver who caused the accident has to show:

  • The loss of consciousness or capacity occurred before the alleged negligent conduct.  
  • For instance, the seizure must happen before – not after the crash.
  • The loss of consciousness was sudden.
  • The loss of consciousness or capacity was neither foreseen or foreseeable.  

Takeaway

Sometimes the law is unfair.  In these types of cases it is important to retain a lawyer immediately so they can hopefully discover facts that would show the driver should have known that the medical emergency would happen.  Also, these cases are medical intensive so it would be best for your lawyer to have a healthcare background.

If you have any questions about a Stuart – Port St. Lucie Florida car accident claim, you can give me a call or if you would like to request a free copy of my book – click the link.

Guy S. DiMartino, DC, JDFlorida car accident lawyer7309 Otter Creek CourtPO Box 186Yalaha, FL 34797

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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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