Stuart Florida personal injury lawyer, Guy S. DiMartino, DC, JD, discusses medical illness causing a Florida car or truck crash.
You're injured in a car, truck or motorcycle crash somewhere in Florida. You think the other driver is responsible for the crash because he ran a traffic light. You try to settle your case with the insurance company and the adjuster tells you that they are not accepting responsibility for the crash. The insurance adjuster takes the position that the driver that hit you was not NEGLIGENT because the driver had a sudden loss of consciousness that caused the crash.
Is the insurance company right? Can the other driver cause a severe injury and escape responsibility? The answer is maybe. Sometimes the law seems unfair.
Florida's Sudden Loss of Consciousness Defense
This defense usually arises in automobile accident cases where the driver has a sudden attack, loses consciousness and control of his car and causes an accident. Florida courts have found that a driver cannot be negligent if he who suffers a sudden attack and loses consciousness without premonition or warning of the medical condition.
So the law is this. If the driver knew of an underlying problem that could cause the illness she will have a difficult time with this defense; however, if the illness suddenly appeared without warning, the law will not hold the other driver responsible for the accident.
In these types of accidents, an injured person should retain a lawyer immediately so the lawyer can immediately investigate the crash and get information about the other driver's health history to see if the medical condition was foreseeable.
If you have any questions about a Florida car, truck or motorcycle accident, give me a call at (352) 267-9168 or fill out the Internet consultation form on the right side of the screen.